To file for divorce in Florida can be an emotionally challenging experience, but understanding the legal process in Florida can make it more manageable. In Florida, divorce is referred to as the “dissolution of marriage,” and the state offers a clear process to file for divorce that allows couples to end their marriages in an organized manner.
In this guide, we will walk you through the step-by-step to file for divorce in Florida , including the required paperwork, timelines, and legal considerations.
Step 1: Determine Your Eligibility to File for Divorce
Before you can file for divorce in Florida, you must meet specific eligibility requirements. Florida law requires that at least one spouse must have been a resident of the state for at least six months before filing for divorce. Proof of residency can be established through a Florida driver’s license, voter registration, or testimony of a witness.
Florida is a no-fault divorce state. You don’t need to prove your spouse’s fault. Just state that the marriage is “irretrievably broken.” This simplifies the legal process and avoids assigning blame.
Step 2: Decide the Type of Divorce
In Florida, there are two main types of divorce: Uncontested Dissolution of Marriage and Regular Dissolution of Marriage.
Uncontested Dissolution of Marriage
An uncontested divorce is faster and cheaper than a contested one. It works if both spouses agree on all divorce aspects, like asset division, child custody, child support, and alimony.
For an uncontested dissolution, both spouses must:
- Agree that the marriage is irretrievably broken.
- Have no disputes over property division, custody, or support.
- Be willing to sign a Marital Settlement Agreement that outlines the terms of the divorce.
Uncontested divorces are often finalized more quickly because they require less court involvement, provided both parties can agree on the major issues.
Regular Dissolution of Marriage
A contested divorce occurs when spouses can’t agree on key issues, like child custody or property division. In such cases, the court intervenes to resolve disputes and ensure fair asset division and the child’s best interests.
Step 3: File the Divorce Petition
Once you’ve determined which type of divorce applies to your case, the next step is filing the Petition for Dissolution of Marriage. The spouse who files the petition is known as the “petitioner,” while the other spouse is called the “respondent.”
Key Documents:
- Petition for Dissolution of Marriage: This form officially requests that the court end the marriage.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: If you have children, this form provides information about the children’s residence and establishes jurisdiction for custody matters.
- Financial Affidavit: Both parties must complete and submit a financial affidavit, detailing their income, expenses, assets, and debts. This helps the court decide on issues like alimony, child support, and the division of property.
Once the petitioner files the petition, copies of the documents must be served on the respondent.
Step 4: Serving Divorce Papers to Your Spouse
After filing the petition, you must serve the divorce papers to your spouse. In Florida, a process server or sheriff must handle this. The respondent has 20 days from service to file their response.
If the respondent agrees to the divorce terms, the process goes smoothly. If they contest the terms, the case will shift to detailed negotiations or mediation.
Step 5: Financial Disclosure and Mediation
Both parties in a Florida divorce case are required to exchange financial information. This is done through the submission of a financial affidavit and other supporting documentation, such as tax returns, pay stubs, and bank statements. Full and accurate disclosure of financial information is essential for a fair division of assets, alimony, and child support decisions.
Mediation
In many Florida divorce cases, mediation is required before the court will hear contested issues. Mediation involves a neutral third party who helps the spouses negotiate and reach agreements on key issues like child custody, division of assets, and spousal support.
Mediation allows couples to resolve disputes without going to court and gives them more control over the outcome of their divorce. If mediation is successful, the couple will submit their agreed-upon terms to the court for approval.
Step 6: Court Hearings and Final Judgment
If you and your spouse reach an agreement on all issues (as in an uncontested dissolution), the court will schedule a final hearing to finalize the divorce. This hearing is generally brief, and the judge will review the terms of the agreement before signing the Final Judgment of Dissolution of Marriage, which legally ends the marriage.
However, if the parties cannot agree on certain issues, the case will proceed to a contested hearing. The judge will make decisions on unresolved matters, such as property division, child custody, or alimony.
Step 7: Finalizing the Divorce
Once the judge signs the Final Judgment of Dissolution of Marriage, the divorce is final. Both parties must adhere to the court’s orders regarding issues like child support, time-sharing, alimony, and the division of property. If circumstances change after the divorce, either party may request a modification of certain terms (such as child custody or support), provided they can demonstrate a substantial change in circumstances.
Conclusion
Filing for divorce in Florida can be complex, but understanding the steps helps. Each stage, from eligibility to finalization, requires careful attention for the best outcome.
Whether you seek an uncontested divorce or face issues with children and finances, consult a family law attorney. They protect your rights and ensure you meet all legal requirements.
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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