Florida Divorce Process

Deciding to file for divorce is never easy. It may be one of the hardest decisions you ever make. It is also challenging to navigate the divorce process in Florida. Many prefer hiring a divorce lawyer rather than trying to handle it themselves.

In Florida, a divorce is a dissolution of marriage. In this article, we will use the terms interchangeably.

The family law courts in Florida see countless divorce cases every day. The divorce legal process can be confusing and frustrating. The judge will not give you preferential treatment simply because you don’t have a lawyer.

Here, we’ll explain the Florida divorce process, breaking it down step by step. We will also discuss some common family law issues you’ll encounter during the divorce process. Finally, we’ll explain why it may be in your best interests to seek legal advice for a dissolution of marriage in Florida.

Residency Requirements for Divorce in Florida

To successfully file for divorce in Florida, you must prove that you or your spouse have lived in Florida for at least six months. You should have evidence that you meet the residency rule before you file your petition.

There are several ways to establish that someone meets the residency requirement, including:

• Florida driver’s license
• Florida ID issued by the DMV
• Florida voter registration card
• Affidavit or testimony from an acceptable party

In most states, residency implies that a person intends to stay in the state indefinitely. Use caution if you have not consistently lived in the state. A spouse may own homes in two states but still have only one home.

If you file a divorce petition without meeting the residency rule, the court may dismiss your action. When a party contests residency in a divorce case, the court can require more proof than in the original filing. To avoid wasting time and money, ensure you understand how courts in Florida view claims of residency.

Grounds for Divorce in the State of Florida

Under common law, there were nearly a dozen separate grounds for divorce. Often, a spouse had to prove fault, some conduct that gave rise to the need for divorce.

Like many other states, Florida has moved toward no-fault divorce. Florida law allows only two grounds for divorce:

• Your marriage is irretrievably broken
• A judge has deemed one party to the marriage mentally incapacitated at least three years before filing for divorce

Separation Before Filing for Divorce

Florida has no such rule that you separate from your spouse for a specific period before filing for divorce. You can file for divorce even if you live with your spouse.

It’s important to remember that it may be harder to prove your marriage is irretrievably broken if you and your spouse live together. It may be best to consider separating before filing your divorce petition. But the courts typically don’t investigate before accepting your divorce complaint.

Information to Gather

Before you file for divorce, you will need to supply some information when you file your initial divorce petition. You’ll also need to give your spouse’s attorney this information early in the divorce process.

When you file your initial Petition for Dissolution of Marriage, you must submit a signed Family Law Financial Affidavit. This document includes the following financial information:

• Proof of income
• Tax returns
• Proof of assets
• Proof of debts
• Bank statements
• Other relevant financial information, such as 401K statements, pensions, etc.

The Florida family courts offer a long and short form of this affidavit. You must complete the long form if you or your spouse earn $50,000 or more annually. You can file the short form affidavit if you and your spouse barn less than $50,000 annually

If you file the wrong form, you can always refile. But this will make the process more expensive. It will also delay your final judgment. Another problem that may arise is your spouse will file a divorce petition in the interim, and you’ll end up as the respondent rather than the petitioner.

Besides your petition and affidavit, if you have minor children with your spouse, you must submit a Child Support Guidelines Worksheet. The courts rely on the Florida Child Support Guidelines to determine how much support the non-custodial parent will pay. If you have dependent children with disabilities, the judge may also require you to submit this worksheet.

Types of Petitions for Dissolution of Marriage

Two basic types of divorce petitions may be filed in Florida courts. The first is a Simplified Dissolution of Marriage. This type of petition may be filed only if the following circumstances are true:

• You have no minor children together
• You both waive the right to request alimony
• You already signed a Marital Settlement Agreement or have otherwise divided your assets and liabilities to both parties' satisfaction
• You both waive your right to trial and appeal
• You both sign the petition and appear at a court hearing at the same time

If you don't meet the requirements for a Simplified Dissolution of Marriage petition, you will file a regular Dissolution of Marriage petition. There are three basic types of regular Dissolution of Marriage petitions. The petition you will file depends on your circumstances. They include:

• Petition for Dissolution of Marriage with Dependent or Minor Child(ren)
• Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren)
• Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property

The clerk’s office will reject your petition if you don’t include the correct paperwork. Hiring a divorce lawyer to handle your case is a good idea. Legal matters on divorce are complex. This is especially true if the marriage lasts more than a few years or you have substantial assets.

Contested vs. Uncontested Divorce

Most states give you the option of filing a contested or uncontested divorce. An uncontested divorce is typically filed by people who have only been married for a few years. It’s often used by couples with no children and little property who have agreed on all matters.

Contested divorces are for petitioners who can't agree on the terms of their divorce. They often share children and assets with their spouses and disagree about the terms of custody, support, or property division.

Divorce cases in Florida work a bit differently. Instead of offering a contested and uncontested divorce, you must file a regular dissolution of marriage petition or a simplified dissolution of marriage petition.

A simple dissolution of marriage petition is for people with few legal issues to discuss. They typically have no children, and the assets they share are minor. This type of petition is also available for couples with a final, signed marital settlement agreement.

A regular dissolution of marriage petition is like a contested divorce in other states. This petition is for couples who can't agree on property division or who have complicated economic circumstances. This might include a lot of credit card debt or personal loans. This petition is also for couples who can't agree on child custody or alimony payments.

Many people may tell you it’s easy to represent yourself in a simple divorce case. While it is true that these cases are less complex than a regular divorce, it's not easy. An attorney can help you decide which type of divorce to file. They can help you get your fair share of your spouse’s retirement accounts, marital property, and other assets.

Filing Your Divorce Petition

The divorce process in Florida is like that in other states. You must prove that you or your spouse are legally married. One of you must meet the residency requirements.

Forms to Prepare and File With the Family Court

When you file your divorce petition, you must submit your Family Law Financial Affidavit. You must also give the court the documents we mentioned above.

The court requires that you sign a certification stating that the information you gave the court is complete and truthful. You must also meet the mandatory disclosure rules of the family court. You can't withhold financial information or other materials.

Pay Your Filing Fees

When you file your petition, you must pay the filing fees. The amount of these fees will depend on the type of petition you file. There are also extra fees that may arise during your divorce.

In Florida, it costs $397.50 to file your petition for dissolution of marriage. You must also pay $10 for your final judgment. In most cases, you must pay a fee to serve a copy of the summons and petition on your spouse. You may need to pay for personal service if your spouse evades service.

You may need to pay other fees for specific services along the way. For example, if your attorney deposes your spouse, they must pay a court reporter to transcribe the conversation. You may also have to pay a mediator if you and your spouse can't agree on the terms of your divorce settlement and seek mediation.

Serving Your Spouse a Copy of Your Complaint for Divorce

It’s not enough that you file your divorce petition with the court clerk. You must serve your spouse with an official copy of your divorce petition.

Often, your attorney will hire a process server to deliver the summons to your spouse. Sometimes, a petitioner is on good terms with their spouse, and their spouse accepts service without issue. It depends on the circumstances in your case.

The court will require that you provide proof of service. The clock — for filing a response — will begin running once the court sees that you have properly served your spouse.

Your Spouse’s Response to Your Divorce Complaint

Once your spouse gets served with the divorce papers, they will have 20 days from the service date to file their answer. An Answer To Petition for Dissolution of Marriage informs the court about whether they agree or disagree with the statements made in your petition. Your spouse must also file a Family Law Financial Affidavit. Your attorney can request a default judgment hearing if your spouse does not file their answer within 20 days.

When your spouse files their answer, they must provide the court with their Family Law Financial Affidavit. They face the same mandatory disclosure rules. They must also give the court a certification confirming their accurate and complete information.

Equitable Distribution of the Marital Assets

One of the inevitable consequences of divorce is the division of property. Even in the most amicable divorce cases, the parties usually disagree about how to divide their property. Sadly, most couples don’t fight over the high-value assets. Instead, they fight over minor assets, such as family albums or treasured items.

Florida law says that both parties to a divorce keep all non-marital assets. Imagine that you owned your house when you got married. You and your spouse lived there throughout the marriage. When you divorce, you will keep ownership of the home. Of course, if you and your spouse contributed to the mortgage during the marriage, you’ll have to split the equity you earned between the date of marriage and the date of divorce.

The judge will presume that you and your spouse will divide marital debts and assets equally (50/50). But you can argue that you’re entitled to more than half of specific assets or less than half of specific debts.

Factors the Judge Will Consider in the Division of Marital Property

If you can't agree, the judge will consider several factors when dividing your marital assets and debts.

The factors the judge will consider include the following:

• Length of the marriage
• Educational and career opportunities for each spouse
• Spousal contribution to marital assets (including savings, retirement, pension, etc.)
• Intentional destruction or depreciation of marital assets
• Marital home for dependent children
• The financial contribution of each spouse

Of course, this list isn’t exhaustive. There are other factors the judge may consider. It depends on the case.

Certain assets are not subject to equitable distribution. For example, gifts and inheritances you get from third parties during the marriage are not marital property.

Once you and your spouse agree on the division of marital property, your attorney will draft a marital settlement agreement and a proposed order for the judge to review and approve. If the judge decides at the hearing how to divide the property and debts, they will issue an order.

Marital Settlement Agreements and Final Order for Divorce

Divorce cases rarely go to trial. Eventually, your lawyer will work with your spouse’s lawyer to devise a fair marital settlement agreement. This will include the division of your marital assets and debts. It will also include the other terms of your divorce.

Some of the issues your lawyer will outline in your marital settlement agreement (MSA) include the following:

• Child custody
• Child support
• Alimony
• College tuition for your minor children
• What will happen with the marital home
• Division of assets and debts

It can take months to reach a settlement. Sometimes, it can take years to reach an agreement or for the court to issue a ruling after a final hearing. In general, cases involving children, significant assets, and alimony take much longer to resolve.

Child Custody Determination in Your Divorce

Child custody is one of the most complex issues to negotiate during a divorce. Sometimes, it’s clear which parent will have primary custody. If one spouse works full-time and the other stays home with the kids, the children will likely remain with the stay-at-home parent.

The problem comes when both spouses work. It is hard to argue that one parent is more of a caretaker than the other. At the same time, the courts don’t always find that shuffling kids back and forth between the parents during the school week is in the children's best interests.

The judge may order mediation if you and your spouse can’t agree on a parenting plan. A mediator is an impartial party and Spring Breaks parents to negotiate a fair parenting plan. If you can't reach an agreement, the matter will go before the judge at the final hearing.

Issues of child abuse or domestic violence will likely have a significant impact. Court decisions in this area will emphasize child safety and an outcome in the children's best interest.

When parties agree on a parenting plan, the court must still approve it. After that, your attorney will outline the parenting plan terms in your marital settlement agreement.

Child Support Calculations in Florida

Florida bases child support on the state’s support guidelines. These guidelines help the judge determine weekly child support in divorce cases.

In Florida, the courts base child support on the following factors:

• The income of each parent
• The age of the children
• Health care and childcare costs
• Standard needs of the child
• Special costs such as medical costs, therapy, etc.

Your attorney will plug this information into a program that helps determine child support. The program will calculate an amount for monthly child support payments. Usually, the non-custodial parent must pay whatever amount the guidelines dictate. Even in cases of shared custody, child support may be appropriate based on the parents' incomes and the child's needs.

The parties may agree to child support that differs from the child support worksheet. But, the judge can reject this amount if they don’t feel it is adequate for the children. The judge may also increase or reduce child support if that is in the child's best interests.

Florida Laws and Alimony

Another issue that couples often fight about is alimony. Alimony is a monthly amount one spouse must pay to the other. Some states refer to this monetary maintenance as spousal support.

Usually, the spouse with the higher income is the one to pay alimony or spousal support. A spouse can also demand spousal support if they feel they contributed to the marriage in non-financial ways.

For example, a spouse who works as the children's full-time caregiver while the other spouse works outside the home may collect spousal support. The attorney can argue that the breadwinner wouldn’t have been able to earn as much as they did without the contribution of the stay-at-home spouse.

There is no guarantee that you’ll get alimony or spousal support. Your divorce lawyer must show that you need it, along with other factors in Florida law.

Types of Spousal Support in Florida

There are different types of spousal support, or alimony, in Florida. Your attorney will outline the amount and duration of your spousal support in your MSA. The judge can reject your demand. But, if your spouse agrees to the terms of support, the judge will almost always approve it.

The main types of spousal support are as follows:

• Temporary support — This type of support is for the lower-earning spouse. The court orders this type of support to help this spouse through divorce. It ends when the judge issues the final divorce decree.
• Bridge-the-gap support — As its name suggests, this type of divorce covers the lower-earning spouse while they bridge the gap between marriage and divorce. It cannot last more than two years.
• Rehabilitative support — The lower-income spouse can request this support to help them become self-sufficient after the divorce. Your attorney must present a rehabilitative plan to the judge, showing how you plan on becoming self-sufficient. This plan must outline the duration and amount of support and proof that the plan will help you become self-sufficient.
• Durational support — This type of support is relatively new. This is spousal support that lasts for a definite time. Your attorney can request durational support, for example, if you’re waiting for your children to reach 18 so you can return to work.

Permanent support in Florida was an option. Now, the maximum amount of time a court may order durational support is 75% of the length of a long-term marriage. A long-term marriage is 20 years or more. The court may only extend support after specific findings.

Spousal support in Florida ends when one of the following events happens:

• Either party dies
• The party getting support gets remarried
• The parties meet the terms of the MSA
• The period of time for support expires

Many assume they’ll receive alimony (spousal support) when they divorce. This isn’t true. Your lawyer must prove that you need and qualify for the support. You must also show that your spouse can afford to pay you support.

How Much Does it Cost to Get Divorced in Florida?

It’s difficult to say precisely how much your divorce will cost. Generally, it will cost close to $400 to file for divorce. There are extra fees for service of process and other expenses. You will also have to pay your attorney.

Some of the court-related costs you’ll incur include:

• Service (of the summons and other documents)
• Postage
• Copying costs
• Depositions
• Court reporter fees
• Mediation
• Private investigators
• Motion fees

When you meet with your divorce lawyer in Florida, they should explain how much it will cost to hire them. They’ll also break down your retainer agreement, outlining any costs and fees you’ll pay.

Do You Need an Attorney to File for Divorce in Florida?

Florida law doesn’t require that you hire a divorce attorney. You have the right to represent yourself in family court. But, you should strongly consider hiring a divorce lawyer.

There are several reasons it may be best to hire a divorce attorney:

• If your spouse has a lawyer, you may be at a severe disadvantage
• The judge won’t take pity on you just because you don’t have a lawyer
• It can be scary to represent yourself in court
• Your case may go to trial, and you won’t know what to do

Many people who file for divorce assume the court will order their spouse to pay their attorney fees. This isn’t the case. While there are some cases where the judge will order one spouse to pay the other’s legal fees, this rarely happens. Aouse may qualify for representation through a legal aid organization. in certain cases

Consider seeking legal advice regardless of how simple or complicated your divorce case is. Contact a Florida divorce lawyer today.