There are certain basic steps for individuals to take to get a divorce in the State of Florida. There are four categories of Dissolution of Marriage packets that are Florida Supreme Court-approved family law forms.
It is important for an individual to ensure they choose the packet that applies to their situation. These packets can be obtained at the local clerk’s office where an individual resides.
The employees at the clerk’s office can help an individual determine which packet suits their needs. If the parties do not have any children and there are no disputes regarding the splitting of assets, the parties can use the simplified divorce process.
In other situations, the standard procedure for marriage dissolution has to be followed pursuant to Florida laws. The time that it takes to finalize a divorce will depend on each individual case.
The basic steps for obtaining a divorce in Florida include:
- Meeting the residency requirements of the state;
- Having grounds, or a legally acceptable reason, to terminate the marriage;
- Filing divorce papers and having copies sent to the other spouse;
- If the other spouse disagrees with anything in the divorce papers, they can file papers explaining their side, referred to as contesting the divorce;
- If a divorce is contested, there will be a series of court appearances to decide on the issues;
- If the other spouse agrees, they should sign the papers and send them back to the filing spouse;
- If the other spouse agrees and signs the papers, this is referred to as a “simplified divorce;”
- This is only available if the parties do not have children;
- If the spouse does not sign the papers for a simplified divorce, the filing spouse must file a regular petition for dissolution of marriage;
- If the other spouse does not respond to those papers after being properly served, the filer can receive a divorce by default; and
- There may be property that the parties have to divide, or one spouse may need financial support from the other spouse. In that case, they will have to work that out in either an out-of-court settlement or a court hearing;
- Custody may also be decided as part of the divorce.
It is important to note that, in order to file for a divorce in Florida, one of the spouses must have resided in the state for at least six months prior to filing for divorce. The hearing to finalize the proceedings will be scheduled at the earliest date possible.
In addition, there is a mandatory 30-day waiting period before a hearing can be scheduled, which may vary depending on the court’s schedule. An individual and their spouse have to appear before the court on their scheduled hearing date.
Once the separation or divorce is finalized, in certain cases, the court may order one of the parties to pay spousal support, also called alimony or separate maintenance, to their spouse. If granted, the court will determine the amount, duration, and type of alimony.
An individual might be involved in a divorce. If so, it is important to have representation from an experienced Florida attorney to ensure their rights are protected and they receive the best outcome possible.
What Are the Qualifications for a Divorce?
There are multiple qualifications for obtaining a divorce under Florida laws. The government website for the State of Florida states that the first step to obtaining a divorce is to ensure that your marriage qualifies for a divorce in the state.
Florida is one of the numerous states that has discontinued fault as a necessary ground for getting a divorce. Instead, the parties must only show that their marriage is irretrievably broken.
However, fault can be used when dividing assets and assigning alimony if the divorce goes to court. In these cases, however, attorneys should be involved to guide the parties through the legal process.
If an individual wants to keep lawyers from entering the divorce proceedings, the parties must both agree that the marriage is irretrievably broken. In addition, there must be proof that the marriage legally existed and that at least one of the parties resided in the state for the past six months.
The forms for seeking a divorce may be challenging for an individual to complete on their own. It is also important to note that these forms cannot be altered once they are entered into court. This means that ensuring that all of the information is accurate and the forms are timely filed is important for any divorce proceeding. Even if the parties do not have a trial, they will be required to appear in court.
In addition, if children are involved in the case, the parties will be required to complete a Department of Children and Families-approved parenting course. It does not necessarily matter which party files first for divorce.
The filing party will simply be referred to as the plaintiff, and the other party will be referred to as the defendant.
What Are the Grounds for Divorce in Florida?
In order to obtain a divorce in Florida, an individual must have one of the following grounds for divorce:
- The marriage is irretrievably broken or can never be fixed;
- One of the parties has been declared mentally incapacitated by a judge for at least three years before filing for divorce.
In some cases that involve domestic violence, the abusive spouse may argue that the marriage is not irretrievably broken and request that the court order counseling or mediation before granting a divorce.
In these cases, an individual can inform the court regarding the domestic violence and point out that the divorce is in the best interests of all parties involved. The court will take steps to protect the victim.
Mediation may also be ordered to resolve divorce-related issues and not to reconcile the marriage. Both parties can have legal representation during the mediation process.
What Forms Need to Be Filed in a Florida Divorce?
As noted above, the State of Florida provides the necessary forms required to file for divorce on its website. There are different forms depending on the parties’ situation.
The basic form for divorce, or petition for simplified dissolution of marriage, is only available to married couples who:
- Do not have children from the marriage;
- Neither spouse is pregnant;
- Both spouses have agreed on how to split the marital property.
Both of the spouses must sign the forms. If one or more of these requirements are not satisfied, more complex forms will be required.
With a contested divorce, the parties do not agree on the terms or do not wish to be divorced, which means that a different process is used.
How Much Does It Cost to File for a Divorce?
On average, the cost of an uncontested divorce in Florida is under $500 if the individuals complete the paperwork themselves and file it without an attorney. It costs an average of less than $650 if the individual obtains online help with the paperwork and filing instructions and files without an attorney.
If a lawyer handles the case, the cost, on average, begins around $3,000 to $5,000 and may increase depending on the complexity of the case and the property involved.
Community Property vs. Separate Property
The distribution of property during divorce will depend on whether the state is a community property or a separate property state. The State of Florida follows the equitable distribution method. This means that Florida courts will try to divide the marital property fairly. Everything that is acquired by the couple during the marriage is considered marital property.
There may be certain property that is considered separate property and will not be split in the divorce, such as:
Property acquired before the marriage;
Gifts intended for one spouse only;
Inheritances.
What Should I Do if There Are Children Involved?
The court will have to resolve the issues of custody of children and how much child support will be paid if the parties do not agree. The court will use the child’s best interest standard when determining which of the parents will be awarded custody of any children.
Florida courts will give preference to agreements between the parents regarding who should have custody. If the parties do not agree, the court will assume that both of the parents will have some type of custody but the court will hear arguments from both parents.
If only one of the parents is granted custody of the children, the other parent will be required to pay child support. Under Florida law, there are minimum amounts of child support that are required to be paid based upon guidelines.
The actual amount, however, will be determined by the court.
Do I Need to Pay Alimony?
Florida law allows for alimony, but it is not required or awarded in every case. Alimony payments are calculated by the court to fit the situation, both in amount and how long they will last.
In some cases, payments will only last as long as the divorce proceedings.
When Do I Need to Contact a Lawyer?
If you are considering filing for a divorce in Florida, it is essential to consult with a Florida divorce lawyer to ensure that you qualify to file in the state. Divorce can be difficult, and your attorney can help you through it.
This is especially true if you have a significant amount of property or if you have children. Your attorney can provide you with representation if you have to attend any court hearings.
