Frequently Asked Questions About Divorce and Paternity
On this page I provide answers to frequently asked questions about divorce and paternity. Again please keep in mind that this is general information about Florida family law, not family law everywhere–and definitely not your situation. If you have questions about your individual situation, you should consult an attorney in your local area. If you live in Miami, Fl, and want answers to questions specifically for your situation, read about the case assessment session to see if it’s a good fit for you.
Like the rest of the information provided on this site, this is NOT legal advice.
Is Family Court Open?
Miami’s Family Court is located at the Lawson Thomas Courthouse Center, in downtown Miami. The Family Division building is now open. Unlike proceedings before the pandemic, there are some hearings that will remain as virtual hearings, held via Zoom. Many hearings will continue to be held in person, specially trials. If you are handling your own legal process, then you can find out more information at the Covid-19 page of the Eleventh Judicial Circuit. That page is where the courts in Miami-Dade County are posting notices.
What is an uncontested divorce?
An uncontested divorce is one in which both parties agree on how to resolve each and every issue between them.
Do I need the consent or agreement of my spouse to get a divorce?
Florida divorce law recognizes only two grounds for granting a divorce:
(1) the marriage is irretrievably broken or
(2) a spouse is mentally incapacitated.
No need to say more on your divorce papers because consent to a divorce is not required. But if your spouse agrees to the divorce, it does make the process faster because you avoid litigation. It also gives you an opportunity to get the divorce done faster. See also the question below on stopping a divorce.
Can I avoid child support in Florida?
No. Setting an amount of child support in Florida is obligatory, and you can not avoid a determination of the amount of child support in divorce with children or paternity cases. See Child Support in Florida on this site.
How much does a divorce in Florida Cost?
The cost of a divorce or paternity case can be divided into two kinds, court costs and attorney fees. If you don’t’ have a lawyer representing you, you will no have to pay attorney’s fees.
The cost to file a divorce, effective July 2008 is $ 409.00.
There is no such things as a “free” divorce unless you do it yourself, qualify for legal aid, or find a lawyer/organization that will do it pro bono (for free).
How much does a paternity case cost?
In paternity cases, you have filing fees, $301, to pay to the clerk of the court. If you use an attorney, you will, of course, have legal fees to pay.
As with divorce cases, you can try to find a pro bono attorney or legal aid organization to help you.
What is a contested divorce?
A contested divorce is one where you and your spouse do not agree on one or more issues or questions. When you both cannot agree as to everything that needs to be decided to dissolve the marriage, then the only one that makes the decision will be the judge. To turn a divorce from contested to uncontested, both you and your spouse have to agree on everything.
Is there free legal representation in a divorce?
There is no right to a lawyer paid by the state or other official state entity in a divorce or paternity case. Paternity and divorce are civil cases, where no right to representation is provided by law. Important: This does not include domestic violence cases with criminal charges.
There are many organizations that provide free legal services, such as Legal Aid or some programs established by local bar associations. For a list of those programs, do a search online.
How long does it take to get a divorce in Florida?
In an uncontested divorce, it may take about 2 weeks after the case is formally opened in court,. One of the court changes resulting from the Covid-19 pandemic is that there are now no hearings in uncontested divorces in Miami, FL. If you want to learn about getting an uncontested divorce, with or without children, in about 2 weeks from the date of filing, without having to go to court, find out more at MiamiDivorceOnline.com.
In a contested divorce (litigation) it is difficult to provide a time period. The time frame would depend on the issues present in you situation.
How can I stop my divorce? How can I save my marriage?
Technically speaking, as long as one of you wants to get a divorce, then the divorce will happen. it cannot be stopped.
In my experience, this question comes up when one of the parties wants to save the marriage. From the legal standpoint, a judge cannot prevent a divorce if the marriage is broken. There is a provision in Chapter 61 which gives discretion to a judge to order the parties to consult with a qualified person, as listed in the statute. See Section 61.052(2)(b).
In the 25+ years I’ve been practicing, I’ve only had this situation in about 3 cases; and they all ended in divorce anyway.
There is always time to file for divorce. If you are intent on saving your marriage–especially if you have not yet filed for divorce–then consider getting help and finding resources to help you save your marriage before you even see a divorce lawyer.
How long do you have to be separated to get a divorce in Florida?
Florida has no requirement that you and your spouse be separated for any length of time before filing the divorce. As a matter of fact, Florida does not have a legal separation as such.
The only time requirement to get a divorce in Florida is that you or your spouse must have lived in Florida for at least six (6) months before filing for divorce. You do not have to be separated for any length of time.
Is there a formula for alimony in Florida?
There is currently no formula for alimony in a Florida divorce provided by the divorce statute. However, in recent years there have been several attempts by the Florida Legislature to provide one, so that may change in the near future.
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How to get started on your divorce:
If you and your spouse agree to an uncontested divorce, please visit MiamiDivorceOnline.com, to find out more about my flat-fee divorce service.
If you don’t know the whereabouts of your spouse or your spouse lives outside the United States, please visit the page for more information on Florida divorce by Publication.