Florida Pro Se FAQ

Frequently Asked Questions — Representing Yourself in Florida

Common questions for self-represented litigants in Florida, organized by case type.

Divorce

What are the residency requirements for divorce in Florida?

To file for divorce in Florida, at least one spouse must have resided in the state for a minimum of six months prior to filing. This requirement ensures that the Florida courts have jurisdiction over the divorce case. It's important to have documentation, such as a driver's license or voter registration, to prove residency.

How is property divided in a Florida divorce?

Florida follows the principle of equitable distribution, meaning marital property is divided fairly, but not necessarily equally. The court considers various factors, such as the length of the marriage, each spouse's economic circumstances, and contributions to the marriage, including homemaking. It's advisable to consult the latest guidelines on the Florida court website for detailed information.

What is the process for child custody decisions in Florida?

In Florida, child custody decisions, referred to as parental responsibility, are based on the best interests of the child. The court evaluates factors like each parent's ability to provide a stable environment, the child's relationship with each parent, and the parents' willingness to cooperate. A detailed parenting plan outlining custody arrangements and visitation schedules is often required.

Child Custody

What factors do Florida courts consider in child custody cases?

Florida courts consider several factors to determine the best interests of the child. These include the child's age, the health and safety of the child, each parent's ability to provide a stable environment, the child's relationship with each parent, and the moral fitness of the parents. The court also considers the child's preference if the child is of sufficient age and maturity.

Can I modify a child custody order in Florida?

Yes, a child custody order in Florida can be modified if there is a substantial, material, and unforeseen change in circumstances. Both parents must demonstrate how the modification serves the child's best interests. Examples of changes include relocation, changes in the child's needs, or changes in a parent's situation.

Is mediation required in Florida child custody cases?

Mediation is often required in Florida child custody cases to help parents reach an agreement without going to trial. It is a confidential process where a neutral third party assists the parents in negotiating a parenting plan. If mediation is unsuccessful, the case may proceed to a court hearing.

Child Support

How is child support calculated in Florida?

In Florida, child support is calculated using the state's Child Support Guidelines, which consider both parents' incomes, the number of children, and specific child-related expenses. The guidelines aim to ensure a fair distribution of financial responsibility between parents. For precise calculations, consult the guidelines or seek assistance from the Florida Department of Revenue.

Can child support orders be modified in Florida?

Yes, child support orders in Florida can be modified if there is a substantial change in circumstances, such as a significant change in income, employment status, or the child's needs. To request a modification, you must file a petition with the court and demonstrate the change in circumstances.

What happens if a parent doesn't pay child support in Florida?

If a parent fails to pay court-ordered child support in Florida, enforcement actions can be taken. These may include wage garnishment, suspension of driver's or professional licenses, or even contempt of court proceedings. The Florida Department of Revenue can assist with enforcement efforts to ensure compliance with support orders.

Small Claims

What is the monetary limit for small claims in Florida?

The monetary limit for small claims in Florida can change, so it's important to check the current limit on the official Florida courts website or contact your local court for accurate information. Small claims jurisdictional limit — principal only, excludes interest, costs, and attorney fees (Fla. Stat. §34.01; Fla. Sm. Cl. R. 7.010): $8,000 (since 2020). Always confirm the current figure at https://www.flcourts.gov.

How long do I have to file a small claims case in Florida?

The timeframe for filing a small claims case in Florida depends on the type of claim you are making. Generally, you should file as soon as possible to avoid statute of limitations issues. Check with your local court or legal resources for specific deadlines.

Can I have a lawyer represent me in Florida small claims court?

While small claims court is designed for individuals to represent themselves, you are allowed to have a lawyer represent you if you choose. However, many people find they can manage the process on their own due to its simplified nature.

Landlord-Tenant / Eviction

What is the legal notice period for eviction in Florida?

The legal notice period for eviction in Florida varies depending on the reason for eviction. For non-payment of rent, a 3-day notice is typically required. For other lease violations, a 7-day notice may be necessary. Always verify the current rules as they can change. Notice to pay rent or vacate for nonpayment of rent (Fla. Stat. §83.56(3)): 3 days (excluding Saturdays, Sundays, and court-observed legal holidays) (current). Always confirm the current figure at https://www.leg.state.fl.us.

Can a tenant stop an eviction in Florida?

Yes, a tenant can stop an eviction by addressing the issue cited in the eviction notice, such as paying overdue rent. Tenants can also contest the eviction in court, where they can present defenses like improper notice or retaliation. It's important to respond promptly to the court summons.

What happens if a tenant does not leave after an eviction order in Florida?

If a tenant does not vacate after an eviction order, the landlord can obtain a writ of possession from the court. This writ allows the sheriff to physically remove the tenant from the property. The landlord must follow this legal process; self-help evictions are illegal.

Restraining Order / Protective Order

What types of restraining orders are available in Florida?

Florida offers several types of restraining orders including domestic violence, repeat violence, dating violence, sexual violence, and stalking orders. Each serves to protect individuals from specific forms of harm or harassment.

How long does a restraining order last in Florida?

The duration of a restraining order in Florida varies. Temporary orders last until the court hearing for a final order, which can be set for a longer period as determined by the judge. It's important to check the specific terms of your order.

Can a restraining order be modified or dismissed in Florida?

Yes, either party can request a modification or dismissal of the order by filing a motion with the court. The court will consider the request and may hold a hearing to decide on changes to the order's terms.

Expungement

What are the eligibility criteria for expunction in Florida?

Eligibility for expunction in Florida depends on several factors including the nature of the charge, the outcome of the case, and previous criminal history. Generally, cases that resulted in a dismissal or acquittal may be eligible, but it's crucial to consult the FDLE and Florida statutes for specific criteria.

How long does the expunction process take in Florida?

The expunction process in Florida can vary in duration, often taking several months from application to final court order. The time frame depends on factors like workload at the FDLE and court scheduling. Checking with the local court or the FDLE for current processing times is advisable.

Can all criminal records be expunged in Florida?

Not all criminal records are eligible for expunction in Florida. Certain offenses, such as those involving sexual misconduct or serious felonies, may be excluded from eligibility. It's important to review the specific exclusions outlined in the Florida statutes or consult with the FDLE.

Probate

What is the role of a personal representative in Florida probate?

In Florida probate, a personal representative, also known as an executor, is responsible for managing the deceased's estate. This includes gathering and inventorying assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. The personal representative acts under the supervision of the probate court.

How long does the probate process take in Florida?

The duration of the probate process in Florida can vary significantly based on the complexity of the estate, the number of beneficiaries, and any disputes that arise. On average, it might take several months to over a year. It's important to adhere to court deadlines to avoid unnecessary delays. Summary administration — value of non-exempt estate threshold (Fla. Stat. §735.201): $75,000 (current — also available if the decedent has been dead more than 2 years, regardless of estate size). Always confirm the current figure at https://www.leg.state.fl.us.

Can probate be avoided in Florida?

Probate can sometimes be avoided in Florida through estate planning strategies such as setting up a living trust or designating beneficiaries on accounts. However, if these measures are not in place, probate may be necessary to transfer ownership of certain assets. Consulting an estate planning attorney can provide specific guidance.

Name Change

How long does the name change process take in Florida?

The name change process in Florida can vary by county and individual circumstances. Generally, it may take several weeks to a few months from filing to receiving the court order. It's important to check with your local court for specific timelines.

Do I need to publish my name change in a newspaper in Florida?

In Florida, publication of a name change is not typically required for adults. However, it may be required in certain cases, such as when changing a minor's name. Always verify with your local court for specific requirements.

Can I change my name for any reason in Florida?

While you can request a name change for various personal reasons in Florida, the court must find the change to be in the public interest and not for fraudulent purposes. Common reasons include marriage, divorce, or personal preference.

Civil Lawsuit / Breach of Contract

What is the statute of limitations for breach of contract in Florida?

In Florida, the statute of limitations for filing a breach of contract lawsuit is generally five years for written contracts and four years for oral contracts. However, it's essential to verify this timeframe as laws can change. For the accurate information, consult the official Florida court website or a legal professional.

Can I represent myself in a breach of contract lawsuit in Florida?

Yes, you can represent yourself in a breach of contract lawsuit in Florida. This is known as proceeding 'pro se.' While self-representation is allowed, it's important to be thoroughly prepared and understand the legal procedures involved, as the court will hold you to the same standards as an attorney.

How can I collect a judgment from a breach of contract case in Florida?

If you win a breach of contract case in Florida and receive a judgment, you may need to take additional steps to collect it. This can include garnishing wages, placing a lien on property, or seizing assets. The specific methods and procedures can vary, so it's advisable to consult the Florida court system or seek legal advice to understand your options.

Debt Collection Defense

What should I do if I receive a debt collection lawsuit in Florida?

If you receive a debt collection lawsuit in Florida, promptly review the complaint and summons. It's crucial to file an answer with the court by the specified deadline to avoid a default judgment. Consider gathering documentation related to the debt and seeking legal guidance to evaluate your defense options.

Can a debt collector sue me if I dispute the debt in Florida?

Yes, a debt collector can still sue you even if you dispute the debt. However, disputing the debt may strengthen your defense by showing the court that there is a legitimate question about the debt's validity. Ensure you have documented evidence of your dispute to present in court.

How can I verify the amount claimed by a debt collector in Florida?

To verify the amount claimed by a debt collector, request a detailed account statement from the collector. Review your financial records, including bank statements and credit card records, to compare with the collector's claim. You can also request verification of the debt under the Fair Debt Collection Practices Act, which requires collectors to provide evidence of the debt upon request.

Consumer Protection

What is the Florida Deceptive and Unfair Trade Practices Act (FDUTPA)?

The FDUTPA is a Florida law designed to protect consumers from deceptive, unfair, or fraudulent business practices. It allows consumers to take legal action against businesses that violate these principles. Remedies can include compensation for damages and injunctions to prevent further violations.

How can I file a consumer protection complaint in Florida?

You can file a complaint with the Florida Department of Agriculture and Consumer Services for mediation. If mediation does not resolve the issue, you may proceed to file a lawsuit in a Florida court. Check the Florida Courts website for the necessary forms and filing procedures.

What evidence is needed for a consumer protection case in Florida?

You will need detailed records of the transaction, including contracts, receipts, and correspondence with the business. Witness statements and any advertising materials related to the transaction can also support your case. Ensure all evidence is well-organized and relevant to your claims.

Case types in Florida

• Divorce in Florida
• Child Custody in Florida
• Child Support in Florida
• Small Claims in Florida
• Landlord-Tenant in Florida
• Eviction in Florida
• Restraining Order in Florida
• Expungement in Florida
• Probate in Florida
• Name Change in Florida
• Civil Lawsuit in Florida
• Debt Collection in Florida
• Consumer Protection in Florida

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Helpful court resources

• U.S. Courts — representing yourself
• Cornell Legal Information Institute — pro se
• USA.gov — state court directory