Are you considering a divorce in Florida and feeling overwhelmed by the process? Don’t worry, you’re not alone. The Florida divorce process is indeed complex and can be confusing for those going through it for the first time. However, with the right information and guidance, navigating this journey can be made easier.

In this article, I will unravel the Florida divorce process and provide you with the essential information you need to know before getting started.

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Whether you are contemplating a contested or uncontested divorce, this article will equip you with the knowledge to make informed decisions and understand your rights throughout the process. I  will outline the steps involved, shed light on common misconceptions, and provide valuable tips to ensure a smoother divorce experience.

Divorce is never easy, but being prepared and having a solid understanding of the Florida divorce process can help alleviate some of the stress.

As you read this article, it’s important that you understand that I am not providing you legal advice—I don’t know anything about your individual circumstances so it is impossible to provide you, the reader, with legal advice.  All I am providing here is information, a bird’s eye view of the process of divorce in Florida.  For specific legal advice, you can contact me or contact a divorce lawyer in your area.

Let’s dive in and empower you during this challenging time.

Understanding the legal requirements for divorce in Florida

Divorce laws vary from state to state, and Florida is no exception. Before initiating the divorce process, it’s crucial to understand the legal requirements in Florida.

In Florida, there are two main grounds for divorce: a marriage that is irretrievably broken or mental incapacity of one of the spouses. The majority of divorces in Florida are based on the marriage being irretrievably broken, which means there is no hope of reconciliation. It’s important to note that Florida is a no-fault divorce state, meaning you don’t need to prove fault or wrongdoing to obtain a divorce.

There is no ground for divorce in Florida based on adultery, abandonment of the home or any other ground based on either spouse being at fault.  The marriage is simply broken.

To file for divorce in Florida, either you or your spouse must have been a resident of the state for at least six months before filing. This means living in Florida as your home state, not being a resident for immigration purposes. 

Where to get a divorce in Florida

You can get divorce anywhere in Florida.  However, if your divorce is contested, than the appropriate county to file a divorce is the county where you and your spouse live as husband and wife. 

If you and your spouse are separated but agree to do an uncontested divorce, then you can get divorced anywhere in the State of Florida.

Types of divorce in Florida – contested vs. uncontested

In Florida, divorces can be classified into two main types: contested and uncontested.

A contested divorce occurs when you and your spouse cannot reach an agreement on one or more issues, such as child custody, alimony, or property division. In this case, the court will intervene and make decisions on these matters. Contested divorces are more expensive and take longer.

On the other hand, an uncontested divorce is when you and your spouse are in agreement on all aspects of the divorce, including issues related to children, alimony (if any), and property division. This type of divorce tends to be less time-consuming and less costly compared to a contested divorce.  In some counties, like Miami-Dade, we are doing uncontested divorces without a hearing.

It’s worth noting that even in an uncontested divorce, it may be wise to seek legal advice to ensure that your rights and interests are protected. An attorney can draft the necessary legal documents, and provide guidance to you throughout the process, and complete the process until the entry of the divorce decree.

Steps involved in the divorce process in Florida

The divorce process in Florida typically involves several steps. While the specifics may vary depending on the circumstances of each case, the following outline provides a general overview of a contested divorce:

1. Filing the Petition: The divorce process begins with one spouse filing a petition for dissolution of marriage. This document outlines the grounds for divorce and the relief you are seeking from the Court.

2. Serving the Petition: After filing the petition, the other spouse must be formally served with the divorce papers. This can be done through a process server.

3. Responding to the Petition: The spouse who receives the divorce papers must respond within a specified time frame, usually 20 days. The response can either admit or deny the allegations made in the petition.  Sometimes, the responding party may want to file their own counter-petition for divorce.

4. Discovery: The discovery phase involves gathering information and evidence related to the divorce, such as financial records, property appraisals, and child custody evaluations. This phase may also include depositions and interrogatories.  It is important to know that Florida has rules which require disclosure of some basic documents.  Moreover, each party in a divorce can request additional documents as necessary.

5. Mediation: In many Florida counties, mediation is required before a divorce case can proceed to trial. Mediation is a process where a neutral third party helps the spouses reach a mutually acceptable agreement on issues such as child custody, visitation, and property division.

6. Temporary Orders: During the divorce process, it may be necessary for you or the other party to obtain temporary orders to address immediate concerns, such as child custody, support, and the use of marital assets. These orders remain in effect until the final divorce decree is issued.  To obtain these orders, motions need to be filed and hearings will take place to make decisions if the parties cannot agree.

7. Final Hearing or Trial: If you and your spouse are unable to reach a settlement through mediation, the case will proceed to a final hearing, a trial. The final hearing allows you both to present evidence and to the judge assigned to our case, who will make decisions on contested issues.

8. Finalizing the Divorce: Once all issues have been resolved, either through settlement or a decision from the judge a final judgment of dissolution of marriage is issued. This judgment outlines the terms of the divorce, including child custody, support, alimony, and property division.  If you and your spouse settle at mediation, the final judgment will incorporate the terms of your agreement.

Many of the steps above will not usually necessarily apply to an uncontested divorce. For example, there is no service of process, no discovery, no mediation, no temporary hearings to get temporary orders, and no final hearing (meaning no trial).

Filing for divorce in Florida – documents and fees

To file for divorce in Florida, you will need to file the petition and a financial affidavit.  In addition, there are other documents which are notices to the court of, for example, related cases between the parties, and social security numbers.

In addition to the required documents, you will have to pay a filing fee to the court to open the divorce.  This fee is usually in the range of $407 to $409, and specific to each county.

If you are doing your own divorce, you are responsible for preparing the appropriate documents required for filing your divorce. If you hire a divorce attorney to represent you, your attorney will prepare the required documents, ensure that you comply with other applicable requirements, and file the case.

Serving divorce papers and the response from the other party

Once the divorce petition is filed, your spouse must be served with a copy of the documents as filed.  This ensures that they are aware of the divorce proceedings and have the opportunity to respond.

Serving divorce papers is done through a process server when you know the whereabouts of your spouse.  If you don’t know how to find your spouse, then the process is different and involves a divorce by publication.  Regardless, it’s crucial to follow the proper legal procedures when serving the papers to ensure that they are valid and legally binding.

After being served with the divorce papers, then your spouse must respond within 20 days. The response can either admit or deny the allegations made in the petition. If the response is not filed within the required time frame, the court may proceed with the divorce based on the information provided in the petition.

As with filing the petition, you are responsible for making sure all requirements as to service of process—which is what serving your spouse is called—are met.

Negotiating and settling divorce issues

One of the most challenging aspects of divorce is negotiating and settling the various issues that arise, such as children’s issues, alimony, and property/debt division. These issues can be emotionally charged and require careful consideration.

When it comes to children’s issues, Florida courts focus on the best interests of the child. The court may consider factors such as the child’s age, health, and relationship with each parent before making a decision. It’s important to approach negotiation regarding children’s issues with a focus on the child’s well-being and be willing to compromise to reach a mutually acceptable agreement.

Alimony, also known as spousal support, may be awarded in certain cases where one spouse requires financial support from the other.  Florida alimony laws were recently amended. 

Property division in Florida follows the principle of equitable distribution, which means that marital assets and liabilities should be divided fairly.  Although the division starts out equally, there may be factors which make the court divide assets (and debt) unequally. It’s essential to compile a comprehensive list of marital assets, such as real estate, vehicles, bank accounts, and retirement accounts, and work towards a fair division of these assets.

Mediation and the role of the mediator in the divorce process

Mediation is a crucial step in the Florida divorce process. It is a voluntary process where a neutral third party, known as a mediator, helps the spouses reach a mutually acceptable agreement on issues such as child custody, visitation, alimony, and property division.

The mediator’s role is to facilitate communication between the spouses and help them explore potential solutions to their disputes. The mediator is not a judge and therefore does not make decisions.  Instead, the mediator assists you and your spouse in finding common ground and encourages compromise.

Mediation can be a cost-effective and less adversarial alternative to going to court. It allows the spouses to maintain control over the outcome of their divorce and find solutions that work best for their unique situation. It’s important to approach mediation with an open mind and a willingness to negotiate in good faith.

Going to court – what to expect during divorce hearings

If you and your spouse are unable to reach a settlement through mediation, the case will proceed to trial. Going to court can be a daunting experience, but knowing what to expect can help alleviate some of the anxiety.

During court hearings, both parties will have the opportunity to present their arguments, evidence, and witnesses to support their case. The judge will listen to both sides and make decisions based on the evidence presented and the applicable laws.

It’s important to be prepared for court hearings by having all necessary documents, evidence, and witnesses ready. Neither you nor your spouse may be happy with the ending after a trial.  That’s because a party’s idea of what the outcome should be is rarely the actual outcome they get.  It’s impossible for me to detail what happens in a trial because the issues between the parties dictate what evidence and witnesses need to be presented.  Real-life trials are not like anything you see on TV and movies.

Finalizing the divorce – obtaining the divorce decree and post-divorce considerations

Once all issues have been resolved, either through settlement or court hearings, a final judgment of dissolution of marriage is issued. This judgment outlines the terms of the divorce, including children’s issues, child support, alimony (if any), and property division.

Obtaining the divorce decree is the final step in the divorce process. It signifies the legal end of the marriage and allows both parties to move forward with their lives. It’s important to review the divorce decree carefully to ensure that it accurately reflects the agreements reached or the dictates of the court, and that all necessary provisions are included.

After the divorce is finalized, there are several post-divorce considerations to address. These may include changing your legal name, updating your identification documents, updating beneficiary designations, and revisiting estate planning documents.

It’s also important to take care of your emotional well-being after a divorce. Seeking support from friends, family, or a therapist can be beneficial during this transition period.

What if you can’t find your spouse?

Sometimes couples separate and put off the divorce.  After the separation, one or the other spouse moves away and they lose track of each other.  If you wish to get a divorce but cannot locate your spouse to serve them, you can still get a divorce.  In this case, your divorce will take a bit longer but less than a contested divorce.  A divorce by publication is the process for getting a divorce when you don’t know where to find your spouse. Besides publication, there are additional steps to take before obtaining a divorce decree.

Conclusion

In conclusion, the Florida divorce process can be complex and overwhelming, but with the right information and guidance, you can navigate it successfully. By understanding the legal requirements, types of divorce, steps involved, and key considerations, you will be better equipped to make informed decisions and protect your rights.

Remember, divorce is a challenging time, but being prepared and having a clear understanding of the process can help alleviate some of the stress. Consult with a family law attorney whose practice concentrates on Florida divorce laws to ensure that your interests are protected and to guide you through each step of the process.

If you need help

If you’d like a case assessment session about your divorce situation, please call 305-710-9419; email vivian@viviancrodriguez.com, or complete this form to ask me to call you..