Divorce can be an emotionally and legally complex process. Understanding the requirements and procedures can make it easier to navigate. If you're considering filing for divorce in Florida, this guide will walk you through the key steps and legal requirements to help you prepare for the process.
1. Meeting the Residency Requirement
Before filing for divorce in Florida, you or your spouse must have lived in the state for at least six months continuously. The focus of the legal analysis is whether the persona has been physically present in the State. The physical presence requirement can trip up military couples. In cases where the parties are overseas, the residency requirement can get complicated quickly.
This residency requirement ensures that Florida courts have jurisdiction over your case. Jurisdiction is the power to decide or act. Evidence of residency may include a Florida driver’s license, state-issued ID, or witness testimony.
2. Determining the Grounds for Divorce
Florida is a no-fault divorce state, which means you don’t have to prove that your spouse did anything wrong. The most common ground for divorce is that the marriage is "irretrievably broken."
3. Filing the Petition for Dissolution of Marriage
To start the divorce process, one spouse (the petitioner) must file a Petition for Dissolution of Marriage in the circuit court in the county where venue is proper. The petition outlines requests regarding child custody, spousal support, property division, and other any other issue between the spouses.
4. Serving the Divorce Papers
Once the petition is filed, the other spouse (the respondent) must be officially served with the divorce papers. This can be done by a sheriff’s deputy, a private process server, or by mutual agreement if the respondent voluntarily accepts service.
5. Responding to the Petition
The respondent has 20 days after service to file an official response after being served. If the respondent agrees with the terms, the divorce may proceed quickly. If the respondent contests any part of the petition, the case will require more litigation, which could include hearings, mediation, discovery, and ultimately trial.
6. Financial Disclosure
Both parties must exchange financial documents, including things like paystubs, tax returns, and a Financial Affidavit. This disclosure ensures equitable distribution of assets, liabilities, and any spousal or child support considerations.
7. Resolving Key Issues: Mediation or Trial
Florida divorces typically involve mediation, where both parties negotiate terms with the help of a neutral third-party mediator. If an agreement cannot be reached, the case may go to trial, where a judge will decide issues like child custody, alimony, and property division.
8. Finalizing the Divorce
If both parties agree on all terms, the court may grant the dissolution of marriage, sometimes even without a hearing. Otherwise, after a contested hearing or trial, the judge will issue a Final Judgment of Dissolution of Marriage, officially ending the marriage.
Key Considerations
· Simplified Divorce: If there are no children and both spouses agree on asset division, they may qualify for an expedited process.
· Parenting Plans: If children are involved, Florida courts require a parenting plan outlining custody, including timesharing, and decision-making responsibilities.
· Alimony: Spousal support may be awarded based on factors like the length of the marriage, financial need, and the ability to pay.
· Division of Assets and Liabilities: Although dividing assets and debts may appear simple on the surface, the devel is in the details, as they say. Valuing and apportioning assets can be difficult. What is the value of an unvested pension? When should the asset be valued if the market recently crashed or skyrocketed? Don’t just assume that equal means equal.
Need Legal Guidance? We Can Help.
Navigating a divorce can be overwhelming, but you don’t have to go through it alone. Our experienced Florida divorce attorneys are here to provide the legal guidance and support you need to protect your rights and interests. Contact us today for a consultation.
By understanding the legal requirements and steps involved, you can approach your Florida divorce with greater clarity and confidence. If you have questions about your specific situation, don’t hesitate to reach out for professional advice.