We are doing a Divorce by Publication in Florida and I have this quick question for someone who is experienced with
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Customer: Hi. We are doing a Divorce by Publication in Florida and I have this quick question for someone who is experienced with these kinds of divorces in FL. I was wondering if there is any problem if there is a minor child involved in the case? If you take a look at the table of contents for this type of divorce below, the petition for dissolution of marriage is usually petition for dissolution of marriage with no dependent or minor children or property. I was wondering should we just replace that form with the form entitled "petition for dissolution of marriage with minor children"? Would that be any problem?Here is the table of contents that I have for a Divorce by Publication that I have done before:⦁ Application for Determination of Civil Indigent Status⦁ 12.928 Cover Sheet for Family Court Cases⦁ 12.900(h) Notice of Related Cases⦁ 12.901(b)(3) Petition for Dissolution of Marriage with No Dependent or Minor Children or Property⦁ 12.902(b) Family Law Financial Affidavit (Income less than $50,000 annually)⦁ 12.902(j) Notice of Social Security Number⦁ 12.900(a) Nonlawyer Disclosure⦁ 12.913(b) Affidavit of Diligent Search and Inquiry⦁ 12.913(a)(1) Notice of Action for Dissolution of Marriage (no signature here).I am just double checking whether it poses any problem whatsoever if there is a minor child involved and we insert the form "petition for dissolution of marriage with dependent or minor children"? The reason why I ask is because I know usually when minor children are involved, it becomes a whole additional set of forms that need to be completed in those types of cases, BUT this is a Divorce by Publication (missing spouse divorce) so it is completely different....
Answered by Siddiqi in 5 mins 2 years ago
Siddiqi
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Customer
I am concerned that since a minor child would be involved, that the set of forms would be entirely different than the ones listed in the table of contents above?
Siddiqi, Expert
Hello... let me see if I can help.. please understand I can only provide general answers and cannot give case specific advice since no atorney client relationship is formed here. that said..
You have a child and trying to do divorce with publication?
Siddiqi, Expert
Not a problem to file the form for dissolution with a minor child.. because the child support and parenting plan will have to be figured out as well. You can find those forms there as well..
So yes, the form with the minor child and any supplemental forms that go with it.. the idea is that the publication puts the respondent on notice.. make sure to have the affidavit of diligent search.. send letters to the various places to confirm they dont have record of the respondents whereabouts.
Customer
see that's the problem. so are you saying that the child support form, the parenting plan form, and all of those typical forms involved with a uncontested divorce by children are also required in this divorce by publication?i am actually not sure if the child is a minor. i will have to ask my friend but i am just getting prepared...
Siddiqi, Expert
Well when a minor child is involved you have to ask for the parenting plan and the child is entitled to child support. If you file the child form without the other two the judge will order you to file those two because they go hand in hand.I’m guessing however that the child is not with you which is why you’re not sure if the child is still a minor.
If the child is no longer a minor then you’d go with the regular form ‘without minor children’
If the child is no longer a minor then you’d go with the regular form ‘without minor children’
Customer
its because this is for my friend not me.im puzzled by how the child support form is required when i know that that calculation is determined by BOTH parents income, and the wife in this case is missing so her income would not be taken into account. Don't really see how that child support form would be involved?
Siddiqi, Expert
That’s not true. So this goes into legal advice which I cannot give specific advice. But generally, when one parents income is unknown or if the parent is willfully unemployed, there is an ‘imputed’ income equivalent to the minimum wage in Florida.
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