{"id":372550,"date":"2016-03-31T21:35:00","date_gmt":"2016-04-01T02:35:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-divorce-what-to-expect.html"},"modified":"2024-02-27T10:45:39","modified_gmt":"2024-02-27T15:45:39","slug":"florida-divorce-what-to-expect","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-divorce-what-to-expect.html","title":{"rendered":"Florida Divorce: What to Expect"},"content":{"rendered":"\n
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Florida Divorce: What to Expect<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Deciding that you want a divorce can be painful and difficult. You’ll begin the divorce process<\/a> once you determine it’s your best option. This can be daunting, especially if you’ve never been through the divorce process before.<\/p>\r\n

You’re probably wondering if you’ll get custody and child support<\/a>. You may fear that the judge won’t order your spouse to pay you alimony (or spousal support.) This is a natural reaction to filing a petition for dissolution of marriage.<\/p>\r\n

Here, we’ll explain what you should expect once you proceed with your divorce petition. We’ll explain what happens if you and your spouse can’t agree on a parenting plan. We’ll also discuss how your attorney will negotiate a division of your marital assets.<\/p>\r\n

Basic Requirements for a Divorce in Florida<\/b><\/h2>\r\n

In Florida, there are only a few legal requirements for divorce<\/a>. One of the parties must have lived in Florida for at least six months before filing. Once you meet the residency rule, you can file your petition for dissolution of marriage.<\/p>\r\n

Unlike many other states, there is no formal waiting period in Florida. This means that you and your spouse don’t need to prove that you separated before filing for divorce. Of course, it’s easier to prove your marriage is irretrievably broken if you and your spouse aren’t living together. While there is no waiting period to file a divorce, the court may not enter a final divorce decree until at least 20 days after filing<\/a>. But, if the court determines that an injustice would result if a final decree doesn’t get entered before the 20 days expire, it may do so.<\/p>\r\n

Florida law only offers two grounds for divorce. One is by proving that your marriage is irretrievably broken. This means that you and your spouse cannot repair your marriage. The other is that the courts declared your spouse mentally incompetent at least three years before filing.<\/p>\r\n

You Can Also File for an Annulment<\/b><\/h2>\r\n

In some cases, the courts will declare your marriage void or invalid. If this happens, you won’t need to pursue a legal divorce. An annulment<\/a> has the same legal effect as a divorce. Instead of ending the marriage, an annulment declares that your marriage was never valid.<\/p>\r\n

Florida law doesn’t cover annulments. But the Circuit Courts in Florida will grant them. These courts have set precedents for annulments that help identify the requirements. There are conditions you must meet to apply for an annulment.<\/p>\r\n

First, you must file your petition for an annulment<\/a> with the Circuit Court. Your petition must state whether you want the court to deem your marriage void or voidable. It must also state the reason the court should approve your request.<\/p>\r\n

The bases for an annulment in Florida include the following:<\/p>\r\n