How to File for Divorce in Florida

How to File for Divorce in Florida

If you are considering filing for divorce in Florida, understanding the steps involved and the legal requirements can help make the process smoother. This guide will take you through the steps of the divorce process in Florida, from initial filing to finalization, whether you are pursuing a contested or uncontested divorce. By being aware of what to expect, you can approach the situation with more clarity and confidence.

What is Dissolution of Marriage?

In Florida, divorce is legally referred to as “dissolution of marriage.” This is the legal process by which a marriage is terminated. During the process for divorce, various aspects of the marriage must be resolved, such as alimony, the division of assets, plus child custody arrangements if children are involved. There are two primary types of dissolution of marriage: contested and uncontested. A divorce is considered contested when spouses disagree on key issues, requiring the court to intervene. In contrast, an uncontested divorce happens when both parties agree on the terms, making the legal process more straightforward.

Who Can File for Divorce in Florida?

Either spouse has the right to file for divorce in Florida, provided certain conditions are met. To initiate the divorce process, at least one spouse must have lived in Florida for six months before filing. This residency requirement applies regardless of whether the spouse is a Florida resident or a non-resident. Filing for divorce is appropriate when one or both spouses believe that the marriage is irretrievably broken—meaning that there is no reasonable chance of reconciliation.

Understanding the Divorce Requirements in Florida

Before filing for divorce, it’s essential to understand some key legal requirements in Florida.

A. Residency Requirements

As mentioned, one spouse must have lived in Florida for at least six months before starting the process for divorce. Residency can be proven with documents such as a Florida driver’s license, state ID card, or voter registration card. Without meeting the residency requirement, the divorce cannot proceed in Florida.

B. Irretrievably Broken Marriage

Florida is a no-fault divorce state. This means that neither spouse is required to prove any wrongdoing or fault to file for divorce. The only requirement is for one spouse to declare that the marriage is irretrievably broken. This concept refers to a marriage that cannot be saved through counseling or other means of reconciliation.

Steps to Get a Divorce in Florida

So, what is the process of divorce? Understanding the step-by-step process of how to start the divorce process in Florida can help ease any confusion. Here’s a breakdown of the typical steps:

A. One Spouse Files a Petition

The divorce process officially begins once one spouse, referred to as the petitioner, files a petition for dissolution of marriage with the local court. This petition will outline the petitioner’s requests regarding alimony, property division, child support, and custody (if applicable). The filing spouse must serve the petition to the other spouse, which initiates the legal process for divorce.

B. The Other Spouse Must File an Answer

Once the other spouse, referred to as the respondent, receives the petition, they must file a response or “answer” within a designated time frame, typically 20 days. This answer allows the respondent to agree or contest the requests made in the petition. If the respondent fails to do so, the court may proceed with a default judgment in favor of the petitioner.

C. Additional Paperwork Is Required

Both spouses are usually required to submit additional paperwork during the divorce process. This can include financial affidavits, which detail income, expenses, assets, and debts. These documents are crucial for transparency and to make sure that there is a fair division of assets between the two parties.

D. Discovery Reveals Financial Details

During the discovery phase, both spouses must disclose their financial information. This step is designed to provide a complete picture of each party’s financial situation, which is vital for determining an equitable distribution of assets, debts, and alimony.

E. Mediation Helps Work Out the Details

In Florida, mediation is typically a required part of the divorce process when there are contested issues. Mediation gives both spouses the opportunity to work with a neutral third party to negotiate and resolve disagreements related to property division, alimony, child custody, and support. This step is intended to reduce the need for a lengthy court battle and encourage a mutually agreeable settlement.

F. A Parenting Plan Is Created

If the divorcing couple has children, Florida law requires the creation of a detailed parenting plan. This plan outlines how child custody, visitation, and responsibilities regarding decision-making will be shared between the parents. The court prioritizes the child’s best interests in approving these plans.

G. A Judge Finalizes the Divorce

The final phase in the divorce process is for a judge to review the agreement reached by the parties or make a ruling if the divorce is contested. Once the judge is satisfied that the divorce terms are fair and meet legal standards, they will sign the dissolution of marriage decree, officially finalizing the divorce.

Importance of Hiring a Divorce Lawyer in Florida

While it is possible to navigate the divorce process without legal help, divorce laws can be complex. Hiring a divorce lawyer familiar with Florida divorce law can be beneficial, especially in contested divorces or cases involving children and significant assets. A lawyer can make sure that all paperwork is completed correctly, all deadlines are met, and your rights are protected during negotiations or court proceedings.

How Long Does the Divorce Process Take?

In Florida, divorce timelines vary:

Simplified Divorce: About 30 days to a few months, for couples with no children, no alimony requests, and full agreement on issues.

Uncontested Divorce: Roughly 3–6 months if both parties agree on property, debt, and custody.

Contested Divorce: 6 months to over a year if there’s disagreement on issues, requiring mediation or court intervention.

Complex Cases: 1–2 years or more, often for high-conflict divorces involving significant assets or custody disputes.

Minimum Waiting: Florida has a mandatory 20-day waiting period after filing, even for the quickest cases.

Going Through a Divorce? Michael Todd Rebuck, P.A. Can Help

Navigating the complexities and nuances of a divorce can be an emotional journey, but fully understanding the process in Florida is a vital first step toward a smoother resolution. With the right guidance, you can approach each step—from meeting residency requirements to addressing child custody and property division—with clarity and confidence. If you’re considering divorce anywhere on Florida’s Treasure Coast, turn to Michael Todd Rebuck, P.A. for dedicated legal support tailored to your unique situation. Reach out today to discuss your needs and start your path forward with a lawyer who prioritizes making sure your rights are protected and helping you through every step of the divorce process.