How to File for Divorce in Florida: A Step-by-Step Guide
Filing for divorce is a challenging process for many reasons. If you are contemplating ending your marriage in Florida, you must be well informed about the necessary steps. This step-by-step guide aims to provide you with a basic understanding of the divorce filing process in Florida, which can eliminate some uncertainty.
However, even with knowledge of the steps in the process, you should still always seek professional legal representation from a divorce lawyer in your area. Having an idea of the process is no substitute for experience handling divorce cases under Florida law.
Step One: Understanding Florida Divorce Laws
Filing for divorce can be complicated, and Florida has many laws that apply to each divorce case. It is important to clearly understand the relevant laws to ensure a smooth and successful divorce proceeding whenever possible.
No-Fault Divorce
Florida is a no-fault divorce state, which means neither party has to prove fault or misconduct of the other spouse to obtain a divorce. The only requirement is that the marriage is irretrievably broken. This no-fault policy simplifies the divorce process and allows couples to focus on resolving other important matters, such as the division of property and child custody.
Even if you do not have to prove fault, you still might face difficult determinations in the process. Never assume the no-fault divorce process is a simple one.
Residency Requirements
Before filing for divorce in Florida, you must meet the state’s residency requirements. At least one of the spouses must have lived in Florida for at least six months prior to filing the divorce petition. In addition, the divorce must be filed in the county where either spouse resides. If you have lived in Florida for six months, you can file for divorce in the state. If not, you can still file if your spouse has lived in Florida for six months.
Equitable Distribution of Marital Property
State laws vary regarding the distribution of marital property in a divorce. Unlike community property states, Florida follows the principle of equitable distribution. This means that the court will divide the marital assets and debts in a fair and just manner, taking into consideration various factors such as the duration of the marriage, the financial contributions of each spouse, and the economic circumstances of each party.
Equitable distribution does not mean equal distribution, and the law does not require a 50/50 split of assets, property, and debts. Instead, you must consider the totality of your financial resources and circumstances to determine what is equitable under Florida law.
Presumption of 50/50 Timesharing in the Best Interests of the Child
When divorcing spouses share a child, the law requires the court to prioritize the child’s best interests. As of 2023, Florida has a presumption of 50/50 timesharing between the parents, unless one parent can demonstrate that such an arrangement will be detrimental to the child.
When identifying what is in the best interests of the child, the court will consider factors such as:
- The parents’ ability to provide a safe and stable environment for the child
- Their willingness to foster a relationship between the child and the other parent
- Any history of domestic violence or abuse
- Other relevant factors, including each parent’s home, health, and other abilities
Even if two parents agree on a timesharing arrangement, the court will still review the proposed agreement to ensure it is in the best interests of the child before approving it.
Child Support Standards
Florida has established specific guidelines for the calculation of child support. The amount of child support is based on various factors, including the parents’ income, the number of children, and the parenting plan. These guidelines aim to ensure that children receive the financial support they need to meet their day-to-day expenses and maintain their overall well-being.
Spousal Support Rights
Spousal support, also known as alimony, may be available to one spouse in certain cases where they require financial assistance from the other. The court will consider different factors when determining whether to award spousal support, including:
- The duration of the marriage
- The standard of living during the marriage
- Each spouse’s financial resources, earning capacity, and any other relevant factors
Understanding Florida divorce laws sets the stage for a successful divorce process, and an experienced divorce attorney can advise on the laws that apply to your situation. They can identify your parental and financial rights under Florida law and ensure you meet the legal requirements for your divorce.
Step Two: Consulting a Florida Divorce Attorney
It’s always best to consult a qualified Florida divorce attorney from the start of the process, so they can handle every step properly. Trying to handle even some of the divorce on your own is never wise, as your future is on the line. Enlisting the help of an attorney can significantly increase your chances of a smooth and favorable outcome.
A skilled divorce attorney knows the law and can explain your rights and responsibilities, ensuring you make informed decisions every step of the way. With their guidance, you can avoid costly mistakes and protect your interests throughout the divorce proceedings.
From the initial consultation, a Florida divorce attorney will assess the unique aspects of your case, such as child custody, spousal support, and the division of assets. They will listen to your goals and concerns, offering personalized advice tailored to your specific circumstances. With their understanding of the law and experience in negotiating settlements and presenting cases in court, they can build a strong strategy to protect your future.
Additionally, an attorney can handle all the necessary paperwork and legal formalities of your divorce. This can save you time and effort and ensure all documentation is correctly prepared and filed on time. They can also act as a buffer between you and your spouse, facilitating communication and working towards amicable solutions whenever possible.
By consulting a Florida divorce attorney early on, you gain a knowledgeable advocate who will guide you through the family law system. With their support, you can confidently approach your divorce, knowing someone is safeguarding your interests.
Step Three: Gather the Necessary Documents
Before you initiate the divorce process, gathering all the necessary documents is essential. Having these documents ready will streamline the process and ensure you have all the information you need. Here are the documents you should gather:
- Marriage certificate: You will need a copy of your marriage certificate to prove that you are legally married.
- Financial documents: Gathering financial documents, such as bank statements, tax returns, pay stubs, and property information, is important for the division of assets and determining alimony.
- Child-related documents: If you have children, you will need to gather documents such as birth certificates, school records, and medical records.
- Pre-nuptial or post-nuptial agreement: If you have a pre-nuptial or post-nuptial agreement, make sure to have a copy of it for reference.
It is important to make copies of these documents and keep them in a safe place. Present them to your attorney during your initial consultation.
Step Four: Determine the Type of Divorce
In Florida, you can choose between two types of divorce: simplified dissolution of marriage or regular dissolution of marriage.
Simplified Dissolution of Marriage
A simplified dissolution of marriage is an option for couples who meet certain requirements. To qualify for a simplified dissolution, you and your spouse must:
- Both agree that the marriage is irretrievably broken.
- Have no minor or dependent children together, and the wife cannot be pregnant.
- Agree on the division of assets and liabilities.
- Waive your rights to alimony.
- Both attend the final hearing.
If you qualify for a simplified dissolution of marriage, the process can be quicker and less expensive than a regular dissolution.
Regular Dissolution of Marriage
If you do not meet the requirements for a simplified dissolution of marriage, you will need to proceed with a regular dissolution. This process involves filing a Petition for Dissolution of Marriage with the court and following additional legal steps.
You Still Need a Lawyer for a Simplified Dissolution of Marriage
Even if you and your spouse have agreed to a simplified dissolution of marriage, it is still important to have a lawyer by your side. While a simplified dissolution may seem straightforward, there are still legal requirements and potential pitfalls that can arise.
A Florida divorce lawyer can provide the guidance needed to protect your interests throughout the process. They can explain the legal implications of your decisions, completing and filing all necessary paperwork with supporting evidence. Additionally, a lawyer can negotiate any potential disagreement with your spouse’s attorney and work toward a fair resolution.
Many people assume a simplified divorce does not require legal representation, only to realize they made costly mistakes later down the road. These mistakes are difficult to reverse.
Remember, divorce is a life-changing event, and having the right legal representation to protect yourself is critical. Don’t take any chances with your future—consult a Florida divorce lawyer from the start of the process, even if you qualify for a simplified divorce.
Step Five: File the Petition for Dissolution of Marriage
To initiate the divorce process, your divorce lawyer will need to prepare and file a Petition for Dissolution of Marriage with the circuit court in the Florida county where either you or your spouse resides. Here are the steps they will follow:
- Prepare the petition: The petition is a document that outlines the basic information about your marriage, such as names, addresses, and the grounds for divorce. Your attorney will know all the necessary information to include.
- File the petition: Once you have prepared the petition, you will need to file it with the clerk of the circuit court. There will be a filing fee, which varies depending on the county.
- Serve the petition: After filing the petition, your lawyer will need to serve it to your spouse. This can be done by hiring a process server or having the sheriff’s office serve the papers. Alternatively, your spouse can sign a “Waiver of Service” document acknowledging receipt of the petition.
Step Six: Responding to the Petition
After you serve the petition to your spouse, they will have 20 days to respond. They can respond by filing an answer or a counter-petition. If your spouse fails to respond within the given time frame, your divorce attorney may be eligible to request a default judgment.
Step Seven: Disclosure and Discovery
Once the petition is filed and both parties respond, the disclosure and discovery phase begins. This phase involves exchanging financial information and any other relevant documents. The purpose is to ensure transparency and enable both parties to make informed decisions regarding asset division, alimony, and child support.
Step Eight: Negotiation and Mediation
During the divorce process, it is common for couples to engage in negotiation and mediation to reach a settlement agreement outside of court. This can help resolve disputes more amicably and save time and money. If the parties cannot agree through their attorneys or mediation, the case may proceed to trial to resolve one or more issues.
Step Nine: Finalizing the Divorce
If you and your spouse reach an agreement on all issues, your attorney will prepare the final judgment of dissolution of marriage. This document outlines the terms of the divorce, including asset division, alimony, child custody, and child support. Once a judge signs the final judgment, the divorce is finalized.
Consulting a Florida Divorce Lawyer: Your Guide to a Successful Divorce
Filing for divorce in Florida can be complicated, but with the help of a skilled Florida divorce lawyer, you can get through the process with confidence. A divorce lawyer has the experience and knowledge to guide you through everything, protect your rights, and advocate for your best interests.
If you are contemplating divorce or have already started the process and recognized you need legal assistance, never wait to consult a reputable Florida divorce lawyer. They will provide the personalized guidance and support you need to achieve a successful outcome. Contact a St. Petersburg family law attorney today.