What are the requirements to get a free divorce without paying the divorce fee in Miami and Florida?
If you are thinking of getting divorced and you want to know what are the requirements to obtain a free divorce without paying the court fee in Miami and Florida, keep reading that here I tell you all about the requirements to obtain a free divorce without paying the court fee, the forms you will need to file, and who qualifies for a free divorce in Miami.
According to the Fla. Stat. § 57.082 people without financial means qualify for a divorce without paying court fees.
To obtain a free divorce without paying court fees, you must first fill out a form with the applicant's financial information. This form must be submitted to the clerk of the court.
It is a requirement that the application must include, at a minimum, the following financial information:
1. Net income, consisting of total wages and salaries, minus deductions required by law, including court-ordered support payments.
2. Other income, including but not limited to social security benefits, union funds, veterans benefits, workers' compensation, other regular absent family support, public or private employee pensions, re-employment assistance or unemployment compensation, dividends , interests. , rent, trusts and gifts.
3. Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or motor vehicle or other tangible property.
4. All liabilities and debts.
It is a requirement that the application includes a signature of the applicant that attests to the veracity of the information provided.
Using the financial information The clerk of court will determine whether an applicant seeking such a designation is indigent based on the information provided in the application and the criteria prescribed in this subsection.
The secretary is not empowered to carry out any additional investigation to evaluate the economic situation of the applicant, the decision must be based only on the information declared in the form.
In order for you to qualify for a divorce free of court processing fees, you must meet the following financial conditions:
1. It is a requirement that the applicant's income be equal to or less than 200 percent of the then-current federal poverty guidelines prescribed for the applicant's household size by the United States Department of Health and Human Services.
2. It is a requirement not to own, or not have equity in, any intangible or tangible personal or real property or the expectation of an interest in such property that has a net equity value of $ 2,500 or more, excluding home equity of the person and a vehicle that has a net value that does not exceed $ 5,000.
In case the request is denied by the clerk, the petitioner may request a review of the clerk's determination that the petitioner is not indigent in the court that has jurisdiction over the matter by filing a petition to review the clerk's determination of the non-indigent status, for which a filing fee cannot be charged. If the applicant seeks review of the secretary of state's determination of homelessness, the court will make a final determination.
The court will consider the following factors to determine if the applicant qualifies:
1. If the payment of a private attorney or other fees and costs creates a substantial hardship for the applicant or the applicant's family.
2. Whether the applicant is proceeding pro se or is represented by a private attorney in exchange for fees or pro bono.
3. When did the applicant hire a private attorney.
4. The amount of attorneys' fees and who pays them.
5. Any other relevant financial circumstance of the applicant or the applicant's family.