If you are considering filing for divorce or have recently received divorce papers, you likely have many questions about what lies ahead. Navigating the Florida divorce process can feel overwhelming, especially if you are unsure about the steps involved or your rights during this challenging time. Our experienced Orlando divorce lawyers are here to help. In this comprehensive guide, we provide clear explanations of the Florida divorce process, breaking it down step by step. We also answer some of the most common questions to help you understand your options, protect your interests, and move forward with confidence.
Is the Florida Divorce Process Complicated?
In Florida, the divorce process, legally known as the dissolution of marriage, is the legal procedure for terminating a marriage. Whether the process is simple or difficult depends on the spouses and the issues involved in the divorce.
Some couples who do not have minor children can obtain a simplified dissolution of marriage. In this process, they agree on the division of marital assets and debts and do not seek spousal support. This process is known as an uncontested divorce.
All other couples must file for a regular dissolution of marriage, which may be uncontested. The parties agree on all divorce terms and propose a joint settlement agreement to the court. If the judge consents, the parties can obtain an uncontested divorce.
However, if the spouses disagree on any terms of the divorce, the divorce action is contested. Three common types of contested divorce that couples may pursue include:
Divorce Mediation
Couples may hire a neutral third-party mediator to assist them in discussing their issues and working out a divorce settlement. The mediator does not offer an opinion on which spouse is right or wrong.
Instead, the mediator guides the discussions to keep the parties focused on the issues at hand. The parties then work to find solutions to their dispute that work for all parties. Mediation allows for creative solutions and privacy. It can also save time and money.
Collaborative Divorce
In a collaborative divorce, each spouse hires separate divorce attorneys. They then enter into a collaborative divorce agreement that states they are committed to resolving the divorce outside of court.
The spouses and their attorneys engage in discussions to resolve their differences. They may hire various specialists and experts to assist with the collaborative process, including financial professionals, mental health specialists, child custody experts, and property appraisers.
Collaborative divorces offer more privacy than going to court. They also give the parties control over creating a customized divorce settlement that benefits them and their children.
If a divorce settlement cannot be agreed upon, the parties have to hire new attorneys for court proceedings.
Divorce Litigation
When spouses cannot settle disputes, their case is placed on the court docket for trial. Litigation removes control from the spouses because a judge resolves the dispute. With few exceptions, litigated divorces are a matter of public record, so there is little privacy.
Litigation can be costly and time-consuming. It can also result in bitter feelings and unfavorable outcomes.
What Are the Requirements for Obtaining a Divorce in Florida?
Before you begin the divorce process, you must ensure you meet the residency requirements. One or both spouses must have lived in Florida for six months or longer before filing a petition for dissolution of marriage at your circuit court.
Florida grants divorces on a no-fault basis. Therefore, you do not need to prove abandonment, habitual drunkenness, adultery, or other wrongdoing by your spouse to obtain a divorce.
Florida divorce laws state that a dissolution of marriage may be granted on the grounds that the marriage is irretrievably broken. Even if your spouse does not want a divorce, you can obtain a divorce by arguing that further attempts to reconcile will not work and could be harmful.
A spouse may also petition the court for a divorce based on mental incapacitation. However, their spouse must have been mentally incapacitated for at least three years before filing the dissolution of marriage petition.
What Are the Steps in the Florida Divorce Process?
Typically, the divorce process includes:
Filing a Petition for Dissolution
The divorce process in Florida begins when a spouse files divorce papers with the court. The petitioner is the spouse filing the papers, and the respondent is the other spouse. The petition contains details about the couple, including when and where they married and whether they are raising children together.
The petition also includes a request for relief. Relief includes the divorce itself but also might include a request for alimony and/or child custody.
Service of Petition and Response
The petition of dissolution must be served on the other spouse, who has 20 days to file an answer to the petition. The respondent has several options, including agreeing to or disputing the allegations. The respondent could also counterclaim by including allegations of their own.
Mandatory Financial Affidavits
The parties must submit a financial affidavit and financial documents within 45 days of serving the petition on the respondent. If a temporary hearing is scheduled, they must file the documents a few days before the hearing date.
A judge may dismiss the case if the parties do not file the affidavits. However, a judge may continue the case and disregard the requests of the party who failed to comply with the affidavit requirement.
Child Support Information
If the parties have children, they must submit information to calculate their child support obligations. The child support guidelines worksheet provides this information. These guidelines use income and other information to determine how much each parent owes for child support.
Litigation and/or Final Divorce Decree
If the parties agree to divorce terms, they can submit a proposed order to the court that incorporates their agreement. The agreement must address all issues in their divorce, including child custody, property division, spousal support, and child support. The judge may revise the agreement, especially terms related to the children, to ensure that the children’s best interests are represented.
Otherwise, the case will go to trial. The parties then present their evidence to the court regarding disputed issues. It is even possible that they may agree on all but one issue, such as spousal support.
The judge will consider the evidence presented by both parties and the law, make the final decision, and enter a final divorce decree.
When Should I Contact an Attorney During the Florida Divorce Process?
Ideally, you want to meet with a divorce lawyer as soon as you consider a divorce. The sooner you receive legal advice, the better prepared you will be to protect your best interests. Even if you want to file a simplified dissolution or anticipate litigation, seeking legal advice ensures you understand your rights.
Contact an Experienced Orlando Family Law Firm for a Free Case Evaluation Today
At the Law Office of Paulette Hamilton Divorce Lawyers we can help you navigate the Florida divorce process. Contact our law office today at (407) 420-2311 to talk with an Orlando family law attorney to discuss your case.
