Divorce refers to a legal process in which a married couple’s marriage or legal union is dissolved by court order. Afterwards, once the divorce between the two parties has been finalized, each divorced individual will have sole control of the assets awarded to them in the divorce.
Then each individual may choose to remarry, if they so wish. It is important to note that each state has its requirements and laws regarding divorce. Further, the actual process of filing for divorce will differ by state.
In the state of Florida, there are certain civil rules and procedures that must be followed when initiating and moving through the divorce process. Additionally, Florida is a “no-fault” divorce state.
This means that in Florida neither party may be blamed for breaching the marital contract. In other words, state law does not allow either party to cite adultery, cruelty, or other spousal misconduct as reason for the divorce.
Before undergoing the divorce process in Florida, you should understand the legal rules of civil law and procedure, the local rules of the court that would handle your case, and the deadlines that you must meet when initiating and responding to divorce paperwork. The following article explores the basics and common questions related to obtaining a divorce in Florida.
What Are the Basic Steps for Initiating a Divorce in Florida?
In order to file for divorce in Florida, you must first determine if you are eligible to file. This means that the person seeking to file for divorce must meet the following requirements:
- Residency: At least one spouse must have lived in Florida for at least six months prior to filing the “Petition for Dissolution of Marriage”
- Grounds for Divorce: As noted above, Florida is a no-fault divorce state, which means the person filing the initial petition only need to prove that the marriage is irretrievably broken or that one spouse has been mentally incapacitated for at least three years
- Valid Marriage: Finally, the marriage that the person is seeking to dissolve must be a valid marriage
If all of the above requirements are met, then the individual seeking to initiate divorce proceedings may then proceed to filing the Petition for Dissolution of Marriage in their local circuit court.
Filing the Initial Petition
It is important to note that when filing the original petition, the filing party will also need to provide certain documents with their petition. Documents necessary to file the Petition for Dissolution of Marriage include:
- The Petition for Dissolution of Marriage itself
- A civil cover sheet, which is a form that provides basic information about the case
- A financial affidavit that discloses certain financial information. which must be submitted by both parties
- A notice of Social Security Number, which is a form that identifies the social security numbers of both parties
- A proof of residency which provides evidence that the filing party or their spouse has lived in Florida for at least six months prior to filing the petition
- If there are minor children involved in the divorce case, the parties will need to submit a parenting plan
UCCJEA affidavits that detail the residence history of children may also be required in some cases
Once again, all of the above documents and petition will be filed in the local circuit court in the county where the filing party and their spouse last lived together before they decided to end the marriage. Proper court venue may also include where the children live or where marital property is owned.
The filing spouse will then need to pay the filing fee for the divorce case, which ranges between $400 and $420 depending on the county in which you live. There is also commonly a $10 fee for serving the court summons on the non-filing spouse.
Responding to the Petition
The spouse that files for divorce is known as the “petitioner.” The petitioner will then have the legal obligation to serve the divorce and all accompanying documents on the other spouse, who is known as the “respondent.” The respondent will then have 20 days from the date that they are served the petition and paperwork to file an answer to the petition.
In Florida, there are several types of responses to a Petition for Dissolution of Marriage:
- Answer: An Answer is a formal response where the respondent agrees or disagrees with the statements in the petition.
- If uncontested, the respondent can agree with all the terms in the petition
- If contested the respondent will note their disagreement with some or all of the terms of the petition and may provide their own terms
- Counter-Petition: Along with their answer, the respondent can also file a counter-petition, which outlines their own requests and terms for the divorce
- Default: If the respondent does timely make a response within the required time frame, the petitioner can request a default judgment, which may grant the divorce based on the terms set out in the petitioner’s petition
What Does Uncontested and Contested Divorce Mean?
If the petitioner and the respondent are amicable, then they may be eligible for the simplified uncontested divorce process. In order to be eligible for a simplified dissolution of marriage, both parties must agree to the simplified dissolution, there must be no minor or dependent children (neither spouse may be pregnant), and there must be no disputes over property and liabilities.
If there are any issues in relation to assets, debts, liabilities, or children, then the divorce will be considered “contested.”
The term “contested” divorce is a term used to refer to divorces when one or both spouses cannot agree about how to resolve all of the issues that arise during the divorce process. Examples of common issues that may lead to disagreements between divorcing spouses include:
When the two parties are unable to agree on any of the above issues, the local Florida circuit court must ultimately determine the issues. This means a trial of the issues about which the two spouses disagree on must occur.
Discovery Phase
If there are contested issues, then either party may wish to gather information beyond the initial financial disclosure to support the claims made in their petition or counter-petition. The process of gathering this information from the opposing party is known as the discovery process.
Examples of common evidence that a party may wish to seek in a divorce matter, include:
- Bank statements
- Employment records and pay stubs
- Tax returns for the prior two years
- Medical records for themselves and children, if any
- Any other relevant financial statements, such as stock, bond, or crypto information
- Property leases or deeds
- School records, such as one’s own records if in school, or children’s school records
- Title information, such as property titles or car titles
- Any other financial agreements that executed by either spouse, such as vehicle loans, or loans for other items
As far as the exact discovery process, discovery may include written questions, known as interrogatories, requests for production of documents, requests for admissions, third party subpoenas for documents, or depositions. The discovery process may continue to occur all the way up to the final hearing in the case.
Final Hearing Phase
If all issues are resolved prior to the final hearing, then a final hearing will be scheduled where a judge will review the agreement between the parties and finalize the divorce. However, when the two divorcing parties cannot agree on all the issues involved in the divorce, then a judge will have to ultimately decide on those issues.
It is important to note that a Judge has a lot of discretion in the decision-making process and will decide all issues in the divorce case at a final hearing. In making their decision, a Judge will hear and consider all evidence and testimony from both parties.
Final hearings are serious and require a lot of preparation. Further, there are certain rules and procedures that must be followed during a final hearing. If the rules are not followed, then the party that fails to follow the rules may be held in contempt of court. Additionally, the judge’s ruling may be disfavorable to that party.
As such, it is often recommended to seek out an experienced Florida divorce lawyer. This is especially true in cases where there are children involved, as there are many additional issues that must be decided in such cases. Those issues may then impact your financials and obligations for more than 18 years.
Do I Need an Attorney for Help with Divorce in Florida?
As can be seen, the divorce process is often a complicated matter, and one wrong move could negatively impact you. As such, if you are involved in a divorce or thinking about getting a divorce, it is in your best interests to consult with an experienced Florida divorce lawyer.
LegalMatch can assist you in setting up a consultation with a family law lawyer in your area. An experienced attorney will be able to help you understand Florida’s laws and procedures on obtaining a divorce.
Further, they can also ensure that your legal rights are protected throughout the entire divorce process. An attorney can also make sure that you gather all of the evidence you need to support your case. Finally, a lawyer can also represent you in court, as needed.
