Ending a marriage is perhaps the most difficult thing a person has to do, and going through the whole procedure in factual terms can make it worse. If you want to divorce your spouse in Florida, you are not the only one. According to the Centers for Disease Control (CDC), there were 689,000 divorces in the nation in the year of 2021 according to the latest census.
This guide will take you through the process of dissolving your marriage in Florida.
Understanding Divorce in Florida
In Florida, the official term for a divorce is known as “dissolution of marriage”. Since the state is a “no-fault” divorce state, you can file for a divorce without having to provide evidence of your spouse’s wrongdoing.
Steps to File for Divorce in Florida
Now that you understand the types of divorce, here are the steps in divorce procedures:
Step 1: Meet the Requirement for Residency
In Florida, at least one spouse should be residing or living in the state for the 6 months before filing for divorce. To prove this, you’ll need a voter registration card, a Florida driver’s license, or witness testimony.
Step 2: File the Petition
In order to initiate a divorce, the interested party, also referred to as the “petitioner,” must submit a “Petition for Dissolution of Marriage” to the circuit court in the county in which either one or both of them currently reside. This form explains what you’re asking for in the divorce.
While the petition for a simplified dissolution must be filed in person at the clerk’s office by both spouses.
Step 3: Serve the Papers
If you’re going through a standard dissolution, you have to “serve” (legally deliver) the petition documents to your spouse (the “respondent”) after filing the petition. Either a private process server or the sheriff’s office can handle this.
You might be able to serve your spouse by placing an ad in the local newspaper, but this will need court permission if you don’t know where they are.
Step 4: Wait for a Response
After being served, your spouse has 20 days within which he/she is required to file for a speedy response. If they do not respond, then you may approach the court for a default judgment, which means the divorce will happen even without their participation.
Step 5: Mandatory Disclosure
Normally, both spouses will be required to provide a detailed financial disclosure with respect to income, outgoings, assets and debts, when there is a typical dissolution. This helps in ensuring that there is equitable division and determination of support.
Step 6: Negotiation and Mediation
Through negotiation or mediation, many couples are able to come to agreements on matters such as child custody and property split. When compared to a trial, this can save both money and time.
Step 7: Trial (if necessary)
Should all concerns remain unresolved, your case will proceed to trial. A judge will consider the facts presented by both parties and issue a verdict on any issues that remain.
Step 8: Final Judgment
The process comes to an end when the court signs a definitive judgment of dissolution of marriage, whether it was reached by agreement or trial. This legal document sets forth the conditions of your divorce and formally ends your marriage.
Key Issues in Florida Divorces
Several important issues often come up in Florida divorces. Let’s look at each one.
Child Custody and Support
If you have minor children, determining child custody and support is a crucial part of your divorce. Florida courts use the term “time-sharing” instead of custody, and they start with the presumption that children should have frequent and continuing contact with both parents.
The court will approve a parenting plan that includes:
- How parents will share daily tasks
- The time-sharing schedule
- Who will make decisions about the children
Child support is calculated based on both parents’ incomes and the amount of time the child spends with each parent.
Property Division
Due to Florida’s status as a “equitable distribution” state, marital property is distributed fairly, though not always evenly. The court considers factors like:
- Each spouse’s economic circumstances
- Contributions to the marriage
- Any interruption of personal careers or educational opportunities
It’s important to note that only marital property is divided. Separate property, such as assets owned before the marriage or inherited during the marriage, usually remains with the original owner.
Conclusion
Dissolution of Marriage is unavoidably hard but knowing how processes work lessens the complications. All divorces are not the same, this is a framework for the different features of legal separations so it is important to find a legal expert to give you help in your situation.
At the Affordable Divorce Center, we’re here to help you in this difficult phase. Our professional team can guide you through the entire process and help you understand your rights and options at every step.
Learn more about our affordable divorce services in Florida.
Related Questions
1. How long does a divorce take in Florida?
The length of the divorce process can vary widely. A simplified dissolution can be completed in as little as 30 days. An uncontested regular dissolution might take 3-4 months. A contested divorce can take a year or more.
2. Can I get divorced if I don’t know where my spouse is?
Yes, but it’s more complicated. You will have to prove to the judge that you searched for your spouse with due diligence.. If approved, you can serve divorce papers by publishing a notice in a local newspaper.
3. What if my spouse doesn’t want a divorce?
Florida is a no-fault divorce state, so you can get a divorce even if your spouse objects. However, an uncooperative spouse can make the process longer and more difficult.