Posts by LegalAtoms

Overview Florida’s residency requirement is the legal gateway to filing for divorce (dissolution of marriage) in the state. Under Florida Statutes §61.021, at least one spouse must have been a resident of Florida for the six months immediately preceding the filing of the petition. “Resident” here means more than passing through; it reflects domicile—your true,…

Overview In Florida, “child custody” is addressed through two related concepts: parental responsibility (who makes major decisions for the child) and time-sharing (the schedule for where the child lives and when). Courts start from the public policy that children benefit from frequent and continuing contact with both parents who are willing and able to act…

Overview The Florida small claims pretrial conference is the pivotal first court appearance in nearly every small claims case. After you file your Statement of Claim and the defendant is properly served, the court schedules this conference to determine whether the dispute can be resolved quickly—often through same-day mediation—or whether it must proceed to trial.…

Overview In Florida, marital property is divided under the doctrine of equitable distribution, which means the court aims for a fair—not automatically 50/50—allocation of assets and debts acquired during the marriage. The judge starts with the presumption that an equal split is fair, then considers statutory factors to justify any unequal division. The process turns…

Overview A simplified dissolution of marriage is Florida’s most streamlined way to obtain a divorce when—and only when—both spouses qualify and fully agree on every material issue. It is designed for cooperative, low-conflict circumstances: no minor or dependent children (and no pregnancy), no request for alimony by either spouse, a complete agreement on how to…

Overview Serving small claims papers in Florida is one of the most crucial steps in the entire process. Service ensures that the defendant — the person or business being sued — receives formal notice of the lawsuit and has an opportunity to respond. Without valid service, the court lacks jurisdiction to hear the case, no…

Overview Filing for divorce (called a “dissolution of marriage”) in Florida without a lawyer is doable when you approach it methodically and rely on the state’s official forms and straightforward procedures. Florida follows a no-fault framework: most petitions assert that the marriage is irretrievably broken, and the court focuses on practical outcomes—parenting plans, child support,…

Overview Florida recognizes only two legal grounds for dissolving a marriage: that the marriage is irretrievably broken, or that one spouse has been adjudicated mentally incapacitated for at least the preceding three years. In practice, nearly all petitions proceed on the no-fault ground (“irretrievably broken”), which allows either spouse to allege, under oath, that reconciliation…

Overview Filing a small claims case in Florida involves choosing the correct county and court for your dispute, preparing the required forms, paying the filing fees, serving the defendant, and attending the required pre-trial and trial hearings. These cases are designed to be faster, simpler and less formal than standard civil litigation. Small claims are…

Overview Florida’s small claims courts are designed to provide a quick, affordable, and accessible forum for resolving low-dollar civil disputes. These courts fall under the county court system and are governed by the Florida Small Claims Rules. The monetary limit — also known as the jurisdictional cap — determines which cases qualify for small-claims handling…