If we are lucky, we will never go through a divorce. Those who are less fortunate and are undergoing this difficult process will undoubtedly have many questions. While each divorce is different, there are some general answers regarding what to expect about divorcing in Florida.
What Is The Cost Of A Divorce?
This can change depending on the circumstances. Obviously, if there are more assets and animosity involved, the longer the time spent in court and on lawyers’ fees. Regardless of the details, however, there will be specific documents that need to be filed. These filing fees can range from $200 and $500. If you file for divorce in Florida, the cost to initiate a divorce is around $412.00 (considering the 5% statutory fee for filing online).
How Long Does It Take To Get a Divorce?
Again, it all depends on the details. If you and your ex agree on the essentials, such as the division of assets, custody, and the value of the property involved, a divorce can happen fairly quickly. The closer you are to reaching an agreement on specific details, the easier and faster the divorce will be.
If you file for divorce in Florida, a simple Dissolution of Marriage, if you qualify, can take 30 days. A simple Dissolution requires that there be no children and that neither party is seeking alimony. An Uncontested Divorce is possible in six weeks provided you and your ex agree on child support and the raising of the children, the amount of alimony, and the division of assets and liabilities.
Contested divorces, depending on the animosity and disagreements involved, can take from a year to several years. It is best to work with your respective attorneys or a mediator to settle as many disputes as possible.
Will My Ex Get Half Of What I Own?
The State of Florida supports equitable division of property, and “equitable” does not always mean a 50/50 division of assets and debts. Your attorney will determine what assets are marital assets and what are non-marital assets. Any property owned prior to the marriage, such as a car or bank account, may be determined to be non-marital. The same is true for any property under the prenuptial agreement as being excluded from being a marital asset. Gifts given to only one of the parties instead of to both are also non-marital, as is any individual inheritance. Each party will retain his or her non-marital property.
What About Child Support?
The court will consider the cost of daycare, insurance, and the income of both parents when determining the amount of child support. The time children spend with each parent is also crucial to take into account and plays a factor in the amount of child support.
How Much Time Can My Ex Have With The Children?
If the parents do not agree on the children’s schedule, the judge will determine the issue of timesharing. The court will focus on the children’s best interests. This includes the children’s relationship with each parent, the specific needs of the children, and even the children’s preferences.
How Does the Divorce Filing and Response Process Work?
One party begins the divorce process by filing a petition with the court. A process server will serve a copy of this document to the other spouse. If both parties agree to the divorce, the spouse will fill out a response agreeing to the facts in the petition. If the spouse disagrees or ignores the petition, further documents will be filed with the court.
Can I Get Divorced If I Can’t Find My Spouse?
In Florida, if you can’t locate your spouse for a divorce, you can proceed with service by publication. This process involves filing a standard petition and then conducting a diligent search for your spouse, including reaching out to known relatives and friends.
If these efforts fail, you’ll need to publish a legal notice in a local newspaper, usually in the area where your spouse was last known to reside. This step is crucial to prove to the court that you’ve made every reasonable attempt to notify your spouse of the divorce proceedings. Service by publication is especially vital in cases with unresolved custody or property issues, where legal representation is highly recommended to navigate these complexities effectively.
What Happens If My Spouse and I Change Our Minds In The Midst Of The Divorce Proceedings?
A reconciliation between the parties is always good news, regardless of when it happens. This is not such a rare occurrence if the couple has been attending counseling. If the petition and other documents have already been filed with a Florida court, you and/or your spouse will need to file a Notice of Voluntary Dismissal. It is best to let an attorney handle this matter.
When divorcing in Florida, those initiating the process often have numerous questions. Having an attorney provides answers and valuable guidance.
Conclusion
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!
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