Experts say domestic violence is first priority; attorney can help in ways beyond the divorce itself

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Role of the attorney

For any civil legal action, and many criminal charges, brought against you–unless a court finds you incompetent–you have the right to represent yourself. This is referred to as appearing pro se, that is, without benefit of attorney.

Can be = maybe ?

Divorce can be an action in which you do, in fact, need no attorney.

Let me emphasize those two words: can be.

For instance, in my first divorce, I absolutely was forced to get a really good attorney (a lawyer who had also been a judge). Without him, I would’ve been stripped to the bare-bone minimum visitation time with my young daughter, which was not acceptable. As a result of our continued time together, and I know without doubt that my now mid-30′s daughter agrees that keeping our visitation time to the maximum possible (which was still quite restrictive in those days–that is, nothing like equal time) fueled one of the best battles I ever fought.

One way I know this is that when my daughter reached her mid-teens, she asked me to file for custody. Apparently, she had read up on  “children’s rights” or “Texas law” or something.  To win that case, I was fortunate enough to retain the services of Joe Brent Johnson. Once I hired Joe Brent, everything went my way, as it should have. However, had I not retained both of these attorneys, I would have had much less time with my daughter during her formative years and would’ve had a more difficult time winning custody in her teen years.

One attorney changed my percepti0n

That being said, you can sort of get the role of the attorney. Once you hook up with a compatible attorney, you also want an attorney who knows this stuff inside-out. By that, I intend a lawyer who not only keeps up with state law but also one who keeps up with local rules and the predilections of local judges.

Here’s another take

Do you need counseling? After all, divorce is often rated very high in the grief-quotient.

Many people respond to polls about divorce, saying it’s the worst thing they’ve ever been through.

This is true: statistics and polls alike indicate that splitting the sheets with a long-term partner can easily be as traumatic as just about anything you’ve you’ve ever known, including a death in the family. This also applies even if both partners agree the relationship has run its course. So keep in mind that a good divorce attorney can also help with referrals to qualified grief counselors.

Addressing domestic violence

Another thing that family experts and legal authorities recommend is that if domestic violence is part of your family dynamic, you need to address that first. That’s not to say you can’t begin the divorce process, but the first priority is to make yourself, your children–and even your pets–safe as can be. Your attorney can be invaluable in this arena, helping with safety/escape plans, filing protective/restraining orders and securing emergency shelter.

Residents in the Orlando and Orange County area also have local agencies and facilities that can help, including these online resources:

• Harbor House can help with shelter and the organization works with Orange County Animal Services to care for endangered pets; here’s a related press release;
• Florida Coalition Against Domestic Violence;
• Orange County Domestic Violence Task Force (Facebook page);
• Courtwatch Florida;
• St. Rita ministry.

Continued in: Getting a divorce in Orlando, Part 2. Look, there’s really only two “grounds for divorce” in Florida. You either have a no-fault divorce via “it’s broken,” or one spouse is mentally ill and has been so adjudged by a court–yes, there’s a time restriction. We’ll address this in a future post, but most people can move on to Part 2, about Residency Requirements, proper Venue, and Family Court.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

From an occasional, ongoing series,  devoted to your state, your area

mike hinshaw

We get questions

What if  I have legally filed for divorce, and done everything I know,  but my spouse refuses to sign the papers?

Basically, what you’re asking is, “Can I be held in a marriage against my will?”

The short answer is no.

Requirements must be met

However, the full answer is, “It depends.” All your paperwork must be legal, with all the T-s crossed and all the I-s dotted–and this includes proper service on your spouse.

Obviously, the easiest way to ensure everything is proper is to retain a compatible, trained and experienced attorney who knows Texas family law inside and out as well being familiar with all local court rules and the various judges.

For example, working on your own as a pro se litigant (that is, without benefit of an attorney), your original petition (and any ancillary papers) could be flawed.  If that is the case and your spouse has hired a competent attorney, it’s highly likely the attorney has pointed out such flaws to your spouse. In such cases, responding spouses may resort to “dragging their feet,” perhaps as a stall tactic to improve their legal positions–or simply as  retaliation, knowing that doing so will cause anxiety and frustration.

In other words, if “the other side” knows the court is likely to dismiss the case, there’s no pressure because there’s little threat of a “default judgment.” Once spouses are legally served with notification of the petition, they have 20 days to respond. In lieu of a proper, legal response, the plaintiff files a motion for default judgment, and the court is almost sure to award the plaintiff all requests.

Why do respondents fail to reply? It could be for reasons previously mentioned, or it could be the respondent doesn’t realize the gravity of notice from the court (that is, “hoping it will just go away”)–or it could be something along the lines of simply being sick of the whole thing and therefore has no objection to the plaintiff’s eventual obtaining of a default judgment.

One last aspect: it could also be because the recalcitrant spouse knows (or suspects) the wife is pregnant.  Texas law allows the suit to be filed, but it can’t be finalized until after the baby is born. This is an attempt to ensure all child-related matters are appropriately addressed.

Residency requirements

One of the spouses must have been living in Texas for at least six months before filing–and in the same county (where the suit is filed) for at least 90 days. Military personnel can begin counting from the first day of being stationed in Texas, and that counts even after deployed overseas, if deployed from an installation in Texas.

This is the first “test”: the court must be able to find that it has jurisdiction over the case, otherwise the case will be dismissed. Those whose duration has not met the requirement will have to until it is met before filing the case.

Correct and accurate filing

The next thing is to ensure the paperwork is correct and proper service is executed, either by officers of the court/county sheriff’s department or by a legal, authorized process server. You don’t want to find out later that papers were delivered to a spouse’s former address or to another person with the same name. In such cases, even a default judgment can be successfully vacated (set aside).

Unable to locate: Texas missing spouse

A related issue arises when a spouse’s whereabouts is unknown. The spouse might be deliberately hiding or simply wandered off years ago, to parts unknown. Either way, the solution is via the so-called Texas Missing Spouse divorce, one variant if children are involved, another if no children are involved. In either case, the court will have rules about notification such as posting on the “courthouse door” or “notification by publication.”

More resources

For further information, you can find some answers in the state bar’s handbook for pro se divorce. But even there, the bar cautions: “This handbook provides a general introduction to representing yourself in a simple (uncontested) divorce.  Although you have the legal right to represent yourself in any court proceeding, the process can be quite complex and, if at all possible, it is recommended that you have an attorney represent your interests, especially if domestic violence, child custody or large amounts of property are involved.”

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Court’s Web site not particularly helpful

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For the basics of state law, including types of divorce, no-fault versus fault-based divorce, and where to file, please see our three-part series:

• Divorce in Virginia, Part 1;
• Divorce in Virginia, Part 2;
• Divorce in Virginia, Part 3.

In Part 1, we also discuss the role of an attorney, not only in helping with the legalities but also with referrals to grief counselors and, if necessary, with a variety of important aspects that must be addressed if domestic violence is part of your family equation. Because family experts and legal authorities recommend dealing with domestic violence as a top priority, we also provide state-level resources that provide aid for domestic violence situations.

Residents of the Norfolk area also have agencies and facilities that can help, including the following online resources:

• City of Norfolk, Domestic Violence Program;
• YWCA Women in Crisis;
• Court assistance with Family Abuse Protective Orders;
• various areas, list of housing and shelters.

Venue

Your case will be filed in the 4th Judicial District Of Virginia:

Clerk

Ms Debra A. Hill
Phone/Fax

Phone: (757) 664-7340
Fax: (757) 683-2219

Clerk's Office Hours

8:00 AM - 4:30 PM

Address

800 East City Hall Avenue
Norfolk, VA 23510-2727

Many states and courts have Web sites with much information and help for people considering divorce.

However, Virginia courts are not among them.

We will present the best information from the court’s site that we can find.

Juvenile and Domestic Relations information

The court does provide an informational pamphlet that provides quite a bit of material about juveniles in trouble, court rules, custody issues and parental support duties. But, nothing about divorce.

A FAQ page contains the following:

Where can I find information or instructions on obtaining a divorce?
There are no official court forms dealing with the process of spousal separation or divorce, however, there are the following resources:

• Pamphlets produced by the Virginia State Bar about divorce and the financial aspects of divorce:
  • Divorce in Virginia
  • Children and Divorce
• The Virginia State Bar offers a Lawyer Referral Service, whereby one could consult an attorney for a limited period at a reduced fee.

Contact your local circuit court for more information. The Virginia’s Court System page contains information on all courts in Virginia.

Child custody, visitation and support

The following is from another section of the FAQ page:

How do I file a court case for child custody, visitation or support?

1. If there is no existing court order on child custody, visitation or support, a brand
   new case may be initiated through the Court Service Unit of a juvenile and
   domestic relations district court. Contact the local Court Service Unit for
   information via the Department of Juvenile Justice website.
2. If a Virginia court has previously entered an order or a case is currently pending
   regarding child custody, visitation or support, contact that court directly. The
   Virginia’s Court System page contains information on all courts in Virginia.

Where can I go for help in getting financial support for my minor child?
Contact the Virginia Department of Social Services Division of Child Support
Enforcement.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Proving adultery can be tough; requires strict presentation of evidence

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Recap

In Part 1, we discuss benefits of hiring a qualified, in-tune, experienced divorce attorney, advantages beyond the legalities of ending a marriage, plus the urgent nature of dealing with domestic violence (including state-level resources for aid) and end with the basics of grounds for divorce; Part 2 provides more detail about certain grounds and explains the difference between divorce from bed and board as opposed to absolute divorce, the divorce from the bonds of matrimony.

Absolute divorce: more on grounds and such

As mentioned in Part 2, Virginia has its own take on some of these concepts.  Again from the Virginia State Bar, check out the second paragraph in the following passage:

While grounds for divorce traditionally implied misconduct by one or the other spouse, modern divorce laws do not require “fault” grounds for a divorce to be granted. A “no fault” divorce from the bond of matrimony may be awarded upon a showing that for more than one year the husband and wife both intended to and have continuously lived separate and apart without any cohabitation. If the husband and wife have entered into a Property Settlement or Separation Agreement and there are no minor children, the time period is reduced from one year to six months.

Although separation provides a “faultless” ground for divorce, fault may still be an issue when spousal support (alimony) is being sought or can be a factor in determining the division of marital property. Further, a judge is free to award a divorce on fault grounds even though “no fault” separation grounds exist, [and] conversely is free to award a “no divorce” even if fault grounds exist.

I don’t know about you, but that kinda’ talk makes my head spin.

Yes, I get–and even agree with–the change from “traditional to modern,” but that stuff about the judges’ powers makes my head twirl like the split-pea-soup-girl’s did in The Exorcist. If it were me getting a divorce in the Old Dominion State? I would want an attorney very connected or at least knowledgeable about all the state’s laws and all the local court’s rules and customs.

Explanation of fault-based grounds

Felony conviction of one of the spouses

“If the husband or wife has been convicted of a felony, sentenced to confinement for more than one year,” according to the bar, “and is in fact confined, then the other party has grounds for a divorce from the bond of matrimony as long as he or she does not resume cohabitation with the guilty spouse after knowledge of the confinement.”

Adultery, sodomy and buggery

The bar says adultery must be proved according to rigid specifications and that neither suspicion nor speculation will meet the criteria. Furthermore, according to the bar, ”

The “guilty” spouse has a number of ‘defenses’ to the charge of adultery, sodomy or buggery. If the guilty spouse can successfully establish any one of these defenses, then a divorce will not be awarded on these grounds. These are very fact specific and should be reviewed with an attorney.”

Venue

Divorce cases are filed in the circuit court of the county where either spouse resides or has a business.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Two types of ‘divorce’

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Divorce from bed and board: Virginia’s answer to legal separation

To continue our discussion of grounds for divorce  from Part 1, we turn to the State Bar, explaining about “legal separation,” Virginia style, and the distinction apart from “absolute divorce”:

Virginia law recognizes two types of divorce: divorce from bed and board (a mensa et thoro) and a divorce from the bond of matrimony (a vinculo matrimonii). A divorce from bed and board is a partial or qualified divorce under which a husband and wife are legally separated from each other but are not permitted to remarry. A divorce from the bond of matrimony is a complete and absolute divorce. Any person granted a divorce from bed and board may ask the court to “merge” the decree into a divorce from the bond of matrimony after at least one year has passed from the date the parties originally separated.

The law requires that “grounds” (valid reasons for divorce prescribed by law) for divorce must exist and be proven to the court even if the husband and wife agree that a marriage should end. These grounds are briefly described below.

Separation can lead to absolute divorce

Divorce from Bed and Board

a. Willful desertion or abandonment

Desertion or abandonment requires both the breaking off of cohabitation and an intent to desert in the mind of the offender. A mere separation by mutual consent will not be considered desertion by either spouse. Further, if one spouse leaves because the other has committed acts that legally amount to cruelty, then the spouse who leaves is not guilty of desertion. In fact, the spouse who leaves may be awarded a divorce on the ground of cruelty or constructive desertion.

If desertion grounds exist, a suit for a divorce from bed and board may be filed with the court immediately after the separation. If the desertion continues for more than one year from the date the parties originally separated, then the desertion is sufficient to constitute a ground for divorce from the bond of matrimony.

Cruelty and reasonable apprehension of bodily harm

Virginia statutes differ from many other states where verbal and emotional abuse is taken as seriously as physical abuse. As is the case with desertion, though, cruelty can be the basis for legal separation that turns into absolute divorce. Again, from the bar association:

Cruelty authorizing divorce requires acts that tend to cause bodily harm and render the spouses’ living together unsafe. Mental cruelty alone is not normally a ground for divorce in Virginia. However, if the conduct is such that it affects and endangers the mental or physical health of the divorce-seeking spouse, it may be sufficient to establish grounds for divorce. Normally, however, rude words alone will not suffice.

Cruelty constitutes the basis for a divorce from bed and board and can be filed immediately after the parties separate. After one year has elapsed from the time the act(s) of cruelty were committed, grounds will exist for a divorce from the bond of matrimony.

Continued in: Divorce in Virginia, Part 3 (more about fault-based grounds for divorce, plus court information).

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Two provisions for no-fault divorce, seven fault-based grounds

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Attorney useful even in uncontested proceedings

Experts and legal authorities advise both parties in a contemplated divorce to retain legal counsel, for at least an initial consultation to make clear their legal rights and risks. Even in an uncontested divorce in which both parties agree, experts say that–at least–the one who files the papers should have an attorney in order to ensure the filing is legal and the eventual decree enforceable. (Some terminology: in some states, the spouse who files the civil lawsuit seeking to end the marriage is called the Petitioner, because what is filed is a legal document called a petition; the petition is filed against, and served upon, the Respondent. In other states, the Plaintiff files a complaint against the Defendant.)

Professional counseling

Another thing to consider is professional counseling; many who go through divorce (or dissolution of marriage) report pain and grief equivalent to that of a death in the family. Even when both parties recognize the relationship has run its course, the emotional upheaval can be traumatic. A compatible, experienced attorney can help with appropriate referrals.

Urgently addressing domestic violence

Furthermore, authorities and family law experts say that if the relationship includes domestic violence, it must be addressed immediately. An appropriate attorney can be invaluable, helping not only with restraining/protective orders but also in referrals to counseling and securing emergency shelter (or an escape plan).

Domestic violence resources

Residents of the Old Dominion State have a variety of agencies and facilities that can help with domestic violence, including these online resources:

• Virginia Sexual and Domestic Violence Action Alliance;
• A.A.R.D.V.A.R.C.’S page, Virginia: Domestic Violence Resources;
• Information Guide for Victims of Domestic Violence in Virginia;
• Safety tips;
• About protective orders.

Residency requirements and grounds for divorce

According to § 20-97 of the Virginia statutes, at least one of the parties must have been a resident of the state for at least six months before the suit is filed. This also applies to military personnel and foreign service officers; further, if such personnel are stationed out of the country, they will be considered residents of Virgina is they were stationed in Virginia for at least six months prior to being assigned out of country.

No-fault provisions

According to § 20-91 (9),  divorce can be granted when:

1. the couple has been living separate and apart without cohabitation for 1 year; or
2. the couple has been living separate and apart without cohabitation for six months if no minor children and the spouses have entered into a separation agreement.

Fault-based provisions

From § 20-91 (A):

A divorce from the bond of matrimony may be decreed:

• (1) For adultery; or for sodomy or buggery committed outside the marriage;
• (3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);
• (6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act.

Continued in:, Divorce in Virginia, Part 2 (legal separation, known as divorce-from-bed-and-board compared with “absolute divorce” ).

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

From an occasional, ongoing series,  devoted to your state, your area

mike hinshaw

We get questions

What if  I have legally filed for divorce, and done everything I know,  but my spouse refuses to sign the papers?

Two answers and one question come to mind.

Number one: in short, if your spouse was properly served, he or she will probably be surprised upon receiving a notice of default judgment in your favor.

Now the question: Are you sure your spouse is trying to cause trouble? If you have agreed on an uncontested divorce, your spouse may simply be tired of the whole thing and realizes the divorce will go through without any response on her or his part.

Ok, let’s look at the full picture.

Requirements must be met

As the petitioner (the “one who files), it’s up to you (or your attorney)  to ensure that the original petition and all ancillary papers are in order, plus it’s up to you (or, again, your attorney) to make sure your spouse (the respondent) is properly served.

If problems exist in the paperwork such that the judge will dismiss the case, or if the respondent was improperly served (or not at all), the respondent–or respondent’s attorney–may be take the tack of  “dragging their feet” because they know your filing is imperfect. The easiest way to avoid this problem is simply to hire an experienced, trained divorce attorney who keeps up to date with all relevant laws and knows the local rules of the judges and courts.

Residency

According to Illinois Legal Aid:

You or your spouse must have lived in Illinois for at least 90 days before filing for divorce.

Note: You can only file for divorce in Illinois if you live in Illinois as your primary residence. For example, if you work in Michigan for several months of the year your primary residence must still be in Illinois.

For your divorce case to decide custody of your children, the children must have lived in Illinois for at least 6 months before you file for divorce. However, there are exceptions to this and if where you live and can file for divorce is a concern you should talk with a lawyer.

Papers properly filed

Your papers must be completely and accurately filled out with the Clerk’s Office of the Circuit Court that serves either the county you live in or the county in which your spouse resides. Then your spouse must be legally served notice, which will include the original petition, a summons to appear and copies of any requests of the court. At that point, as respondent your spouse has 30 days to answer the complaint. If the respondent fails to answer–let’s say, for example, your spouse simply doesn’t “get it” that the court now has jurisdiction, or he/she thinks by ignoring it, the case will “go away.” Then you file a motion for a default judgment and unless something is horribly awry in your filing, the court will award you what you’ve asked for by virtue of default judgment.

However, this must be emphasized: this is why it’s crucial to have your spouse legally served.

Motion to vacate

For example, let’s say an inexperienced server delivered the summons to “someone” at an address where your spouse used to live; or the summons was delivered to another person with the same name as your spouse.

In that case, your spouse can reopen the case with a motion to vacate (or, set aside) the default judgment. If that motion prevails, it’s back to square one: the divorce process starts all over.

Out-of-state spouse; spouse can’t be found

Related questions that complicate matters arise when:

• the spouse has never lived in Illinois (basically, the divorce can be granted, but the court may have no jurisdiction to order the spouse to do anything, such as pay child support or divide property), and
• the spouse has “disappeared,” that is, can not be found.

If either applies in your case, you almost certainly need the help of a qualified, experienced attorney.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

<h4><em>San Diego County court provides about as much help as it can</em></h4>

mike hinshaw

I’ve written several pieces about divorce in California, for your perusal:

• Divorce in California;
• Updated: Divorce in California;
• Getting a divorce in San Francisco;
• Getting a divorce in Sacramento;
• Getting a divorce in Riverside.

Commonalities

By their very nature, these articles overlap because they’re all about places that are, ultimately, governed by the same state laws, the statutes on domestic relations, whether that be marriage, divorce (“dissolution of marriage) or ending a domestic relationship. One thing you’ll notice, I repeat the advantages of obtaining grief counseling, perhaps because it helped me so much after the collapse of my second marriage.

Another thing to consider, emphasized by family experts and legal authorities, alike, is the need to urgently address any domestic violence that may present: In short, you, your children–and even your pets–may be in danger if domestic violence is part of your family’s life.

Accordingly we have assembled some local links that may be able to connect you with facilities and agencies in the Chula Vista/San Diego County area:

• Chula Vista Police Department;
• Superior Court of California, County of San Diego, Domestic Violence Restraining Orders;
• South Bay Community Services (SBCS);
• brochure, “Domestic Violence and Sexual Assault Victim Resources“;
• pamphlet, San Diego Sheriff’s Department.

Venue: where to file

To start, let’s look at the FAQ for Chula Vista:

Q: Who do I talk to about filing for divorce, child custody, name change, or restraining orders?
A: Call Superior Court – Family Law at (619) 450-7777

Superior Court navigation

From there we get to this link for the Superior Court of California, San Diego County.

To help with “where to file” questions, the court provides a zip-code based directory.

Help from the court

Unlike many courts in the nation, you guys in San Diego County have a very helpful court–that is, judged by its online promises. I write about this every day, and I’ll tell ya…many, many courts hew to the line that court/clerk personnel can NOT help in any way, beyond the most basic information.

Contrast such “get-away-from-me” type language with the language found in your court’s Family Law Facilitator’s Office:

The staff of the Family Law Facilitator’s Office (FLF) is available to help unrepresented parents and parties who have questions about family law issues. They can help you in preparing court forms and can give you general legal information. The Family Law Facilitator’s Office is staffed by court attorneys, paralegals, and clerks with experience in family law. The Family Law Facilitator’s Office does not assist parents or parties who are represented by an attorney. The attorneys at the Family Law Facilitator’s Office are not your lawyer, but are neutral court employees who do not represent any parent or party and may provide information and services to all parties in the case.

A caveat

That being said, please also notice the language in the final two sentences of that passage: first, they won’t help you if you have a lawyer; second, what they’re saying is they will provide the same info to you or your spouse.

This could be a good thing: fairness to all, etc.

However, this could also work against you.

No attorney can advise you about what to do unless you ask for advice.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

Addressing domestic violence, plus a guide to Pinellas County Circuit Court

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Something I left out from “Divorce in Florida” is worthy of mention here: Family experts and legal authorities agree that if your situation involves domestic violence, you (or your children and pets) could be in imminent danger, so you need to address this problem first.

Addressing domestic violence–immediately

That’s not say one should delay in looking for a grief counselor or family therapist, and neither does that mean to put off retaining an experienced trained divorce attorney who is familiar not only with the latest Florida statutes but also with the rules, customs and judges your local court system. In fact, a good attorney can help with both, by providing useful references to proven therapists and, in the case of domestic violence, with filing restraining/protective orders and helping craft an exit strategy that includes safe, temporary shelter.

Florida and the city of “St, Pete” as well as Pinellas County all offer residents agencies and facilities that can help with domestic violence, including these online resources:

Florida

• Florida Department of Children & Families;
• Florida Coalition Against Domestic Violence;
• A.A.R.D.V.A.R.C.’S page, Florida: Domestic Violence Resources;
• CASA.

Saint Petersburg/Pinellas County

Attorney General ==> Victim Assistance Unit, Saint Petersburg Police Department;

Attorney General ==> Victim Assistance Unit, Pinellas County Sheriff’s Office;

CASA (local);

Clerk of the Circuit Court, Pinellas County.

Venue for filing

In Pinellas County, given you meet the state residency requirements, you (or your attorney) will file your paperwork with the Clerk of the Circuit Court:

• Location & contact information;
• Google map of various branches and services.

Types of divorce actions

The Clerk’s office  provides links to both

• Simplified divorce, and
• General divorce (which can in actions with or without children).

Simplified divorce is described as perhaps appropriate when:

• You or your spouse have been a resident of the State of Florida for at least the past six (6) months.
• You and your spouse are both able to appear at the Clerk of the Court’s Office to both file the necessary forms to initiate the divorce action and to attend the final hearing in person.
• There are no children together born before or during the marriage, including by adoption, and the Wife, to her knowledge, is not pregnant as of the date the action is filed.
• You and your spouse are in agreement on how property, assets and debts are to be divided.

General divorce is described as perhaps appropriate when:

• You have been a resident of the State of Florida for at least the past six months.
• Your spouse resides out of state or you do not know your spouse’s whereabouts.
• There is a minor (under age 18) or dependent child of the marriage or the Wife is pregnant.
• You and your spouse cannot agree on how property, assets and debts are to be divided.
• There is a need for spousal support (alimony).

Miscellaneous but helpful information

The clerk’s site also includes links to fees that were imposed by the Legislature effective June 1, 2009 and July 1, 2009. “Forms, information and assistance are available from the the Clerk’s Self Help Centers for a fee.”

The Clerk’s office also emphasizes:

DEPUTY CLERKS CANNOT GIVE YOU ADVICE on your rights and obligations. Divorce can be a complicated area of the law. If you have any questions or concerns, you should consider contacting an attorney.

Free evaluation

No matter your marital situation, we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

First in an occasional California-specific series about divorce, from actual questions we receive

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Q: What happens if my spouse won’t agree to sign the papers?

A: In a few words, he or she loses. By default.

But, not so fast… (maybe you both win).

Requirements

The thing is, certain requirements must be met, and all your paperwork must be in order. If your spouse (or the spouse’s attorney) realizes your petition or notice of service is inadequate, the strategy may be to “drag their feet” until you perfect your filing, because if your paperwork is not in order the court may dismiss the case. The easiest way to ensure your paperwork is in order is to hire a qualified, experienced divorce attorney. Following are the nuts and bolts of California requirements.

Residency

From the California Courts on residency requirements:

For married persons to get a divorce:
You MUST meet California’s residency requirements. Either you or your spouse must have lived in:

• California for the last 6 months, AND
• The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

If you do not meet the residency requirement, you can still file for a legal separation. Once enough time has passed so that you meet the residency requirement for a divorce, you may file an “amended petition” and ask the court for a divorce.

For domestic partners to get a divorce:
If your domestic partnership is registered in California, you have automatically agreed to the jurisdiction of the California courts to end your domestic partnerships — even if you move away or have never lived in California. So you do NOT need to meet the residency requirements that married couples must meet.

If your domestic partnership was NOT registered in California, you or your domestic partner must have lived in:

• California for the last 6 months, AND
• The county where you plan to file the divorce for the last 3 months.

If you and your domestic partner do not live in California, when you file to end your domestic partnership in California, the court may not be able to make orders about other issues like property and debt, partner support, or your children. If this is your situation, talk to a lawyer with experience in domestic partnership laws.

Initiating the action, then following up

The first thing is make sure all the correct forms are completed and filed with the proper court. Second, your spouse must be properly served, that is, provided copies of the paperwork via a legal method such that the spouse can not later say he or she “never received notification”–that’s the crucial test allowing the court to enter a default judgment in your favor. Third, the follow-up papers must be filed correctly:

Click here for an interactive procedural to go through the five major steps  (includes a link to ensure you file in the proper venue); click on Step 1, Step 2, and so on.

Two things to remember

First, if your paperwork is in order and your spouse was properly served, the spouse–for whatever reason–may simply be done/worn out/sick of the whole thing…and therefore chooses not to contest the divorce.

Second, although it is unlikely, if the spouse acts quickly enough, he or she could get a good lawyer and challenge the default judgment by filing a motion that asks the court to vacate–or set aside–the default judgment. If that action prevails, it will be as though the divorce never started, and you will have to start all over again. To repeat, this is highly unlikely but is something to know. The best answer is to take the court’s advice and retain a compatible, experienced attorney.

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