Beller Law, PL, has created the following guide with information on how to file for a divorce in Florida. However, divorce laws and procedures are complicated, and you must follow them carefully. You should speak with a divorce attorney to ensure that you take all the appropriate steps in your case.
What Is a Divorce?
Divorce is a legal action between married people that terminates the marriage. You might have also heard the term “dissolution of marriage.” Is there a difference? No, the terms are essentially two ways to say the same thing—the legal process for a married couple to dissolve their marriage in Florida.
Divorce Prerequisites
One of the first things to examine when researching how to get a divorce is your state’s legal prerequisites. Florida has specific requirements you must meet before filing for divorce.
Florida Residency Requirements
The first step is to find out if you meet Florida’s residency requirements. Florida’s residency requirements limit who can file for a divorce. Under the law, one or both spouses must have lived in Florida for at least six months before filing the petition for divorce. If you’re unsure if you meet these requirements, speak with a divorce attorney.
Grounds for Divorce in Florida
Another required step for divorce in Florida is to specify a legal reason, or grounds, for divorce. In Florida, there are only two legal grounds for divorce:
- Irretrievable breakdown of the marital relationship, or
- The mental incapacity of one spouse.
The irretrievable breakdown of the marital relationship is Florida’s “no-fault” grounds for divorce. In a no-fault divorce, neither party is alleged to have caused the marital relationship breakdown.
If you’d like to allege the second ground for divorce, you must prove that your spouse has been mentally incapacitated for at least three years, and a court will require a mental assessment and appoint someone to act on behalf of your spouse during the divorce process.
What Happens in a Divorce
When the parties agree, or a court decides on the terms of a divorce, several issues also get resolved. These issues can include:
- The division of marital property,
- Child custody and child support,
- Alimony,
- The name change, if a spouse wants to return to a former name, and
- Any other issues the parties raise in the petition or answer.
Often, these issues cause disputes in a divorce. A disputed divorce is one where the parties cannot agree on all major issues. On the other hand, an uncontested divorce is where both parties agree on all major issues. An uncontested divorce is significantly quicker to complete, so if you can work out these issues with your spouse, you can get divorced faster.
The Divorce Process in Florida
Now that you’re aware of Florida’s divorce prerequisites, you’ll have to become familiar with the filing process. In Florida, there are two types of divorce procedures available. The most common is a regular “Dissolution of Marriage.” The second method is a“Simplified Dissolution of Marriage.”
Simplified v. Regular Dissolution
A regular dissolution is the most common divorce in Florida. Both spouses exchange information about finances and attempt to agree on the distribution of marital assets, child custody, and child support issues. They can negotiate a resolution of these issues or go to trial if they can’t reach an agreement.
A simplified dissolution is only for couples with no children who have already decided how to distribute their marital assets and have no joint assets or debts. In a simplified dissolution, neither party can request alimony. Both parties must agree to a simplified divorce because—although it is a quick and easy method to end your marriage—you could be sacrificing some of your legal rights. So it’s best to consult an attorney before considering a simplified divorce.
The Petition and Answer
Regardless of which divorce method you use, you must file and serve paperwork to start the divorce procedure with the court. Only a court can issue a final divorce decree, so everyone who wants a divorce must go through the court.
You’ll file a petition for dissolution of marriage with the court and then serve it on the other spouse. The petition states the grounds for the divorce and a very general statement of what the spouse would like, including marital asset distribution and child custody. The other spouse has 20 days to file an answer once that spouse is served.
Discovery
In a regular divorce, both spouses must provide the other with certain financial documents and a financial affidavit within 45 days. These disclosures are mandatory. However, in a simplified divorce, the parties can request financial information during discovery, but it is not mandatory. In addition to financial information, the parties may also exchange other documents and ask each other questions under oath.
Hearing or Trial
A court will ultimately issue a final divorce decree. Thus, even in a simplified divorce, you’ll have to appear before a judge for a hearing to finalize the divorce.
Courts generally encourage you to work out as many issues as possible without going to trial. Often, the court will refer the parties to a mediator, which is a neutral third party who will try to help the parties reach an agreement.
If negotiations or mediations fail, then you’ll go to trial. At trial, each side presents its case and evidence. Then, the judge will decide on the divorce terms and divide the assets and debts.
Contact Our Experienced Divorce Lawyer
The laws and procedures for filing a divorce in Florida are complicated. Whether your divorce is contested, uncontested, regular, or simplified, a knowledgeable and experienced attorney such as Rebeccah Beller will help make everything go more smoothly. At Beller Law, PL, we work to ensure that our client’s rights are protected throughout the dissolution process. Contact us today. We serve Duval, St. Johns, Clay, Nassau, and Putnam counties.