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Can you still get divorced during the Coronavirus Pandemic?

Courts are closed to the public; however, Judges continue to review and close out cases. Luckily, uncontested divorces have never been so easy in South Florida. Most judges are divorcing couples without a hearing, provided that all required documents are submitted together with an Affidavit for Remote Uncontested Dissolution of Marriage.

Yes! Luckily, uncontested divorces have never been so easy in South Florida. Most judges in Miami-Dade County are divorcing couples without a Court hearing. This applies to cases that have been resolved, in that the parties have either entered an agreement settling all issues or the parties have no property or minor children.

Below is a step-by-step guide for obtaining your divorce degree without a hearing. Please check with the Judge assigned to your individual case to confirm that they are participating in accepting Affidavits for Remote Uncontested Dissolution of Marriage.

  1. File your divorce documents through the Florida E-Filing Portal:

    Most Florida courts are closed to the public due to the pandemic; so you’re better off filing everything electronically. Once you have all your documents in order, you will need to file them through the Florida E-Filing Portal System. However, you must set up an account. Click here to create your account.

  2. Find out who your Judge is:

    You can find out the Judge assigned to your case by looking for the Judicial Section Number given to your case. This number will be found in the confirmation email receipt from the Court containing your case number. You can also find the section by searching your case on the Clerk’s docket.

    Once you have the Judicial Section Number, you can find the corresponding Judge through the Judges’ Directory Page:
    Broward Judicial Directory; Miami-Dade Judicial Directory

    Read the Judge’s procedures to make sure they accept Affidavits for Remote Uncontested Dissolution of Marriage.

  3. “Schedule” your Uncontested Hearing on CourtMAP:

    If your Judge accepts Affidavits for Remote Uncontested Dissolution of Marriage, go to the CourtMAP system to schedule your case for a “hearing”. Choose a date your Judge has available.

    Please note that you are not actually setting a hearing. You will only need to submit supporting documents, which includes:
    1. Petition or Counter Petition
    2. Answer or Answer/Waiver
    3. Marital Settlement Agreement and/or Parenting Plan.
    4. If the Petition has been defaulted please attach the Order of Default.
    5. A copy of the Petitioner’s and/or Counter Petitioner’s Valid Driver’s License, Florida State ID, or Voter’s Registration Card. 
    6. Affidavit that MSA and/or PP in the best interest of the child, signed by both parties.   
    7. Financial Affidavits
    8. UCCJEA Affidavit

    Be sure that these supporting documents contain an e-file stamp.

  4. Wait to hear from the Court via email.

    Attorneys: You will receive an email requesting that you send a proposed Final Judgment to the Judge via COURT MAP.  At that time also attach a cover letter advising the Judge that this is a proposed Final Judgment that has been approved for remote UCD.   

    Self-Represented Litigants:  You will not have to appear in court. The Judge will prepare a final judgment and send it to you electronically. 

Conclusion

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

Have more questions? Let us know by sending an email to: questions@legallotus.com and we will do our best to develop content to provide you with direction and insight!

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