Going through a divorce can be one of the most challenging and emotional things you ever do. As you navigate the complex divorce process in Florida, you may have questions. Below are answers to common questions about divorce.
Schedule a free case evaluation with the Law Office Of Paulette Hamilton Divorce Lawyers at (407) 420-2311 to discuss your family law matters and receive personalized legal advice.
How The Law Office Of Paulette Hamilton Divorce Lawyers Can Help With A Divorce In Florida
The Law Office Of Paulette Hamilton Divorce Lawyers has represented individuals and families for more than a decade with a dedication to our core values of Service, Compassion, Excellence, and Honesty. We have more than 15 years of combined experience handling all types of family law issues in Florida with the attention to detail and knowledge you need on your side.
When you hire our law firm to represent you during your divorce, we will:
- Provide compassionate and honest legal advice and guidance
- Help you make informed decisions
- Prepare and review agreements and documents on your behalf
- Represent you during mediation and a collaborative divorce process
- Protect your financial, property, and parental rights
- Pursue child custody and visitation arrangements in your child’s best interests
- Assist in navigating complex family law issues such as domestic violence and high net worth divorce
- Help you seek fair spousal support
- Represent you in all court proceedings
The Law Office Of Paulette Hamilton Divorce Lawyers is committed to delivering excellent service with a client-focused approach. As your advocate, we are prepared to give you the personalized advice and rigorous representation you deserve. Schedule a case evaluation with us today to discuss how we can help you pursue the best possible resolution in your divorce.
What Are the Requirements to File for Divorce in Florida?
To file for divorce in Florida, you or your spouse must have lived in the state for at least six months before filing. If you meet the residency requirement, you can file the Petition for Dissolution of Marriage in your county of residence.
Military members who are stationed in Florida are considered Florida residents for the purposes of divorce.
Will I Need to Go to Court to Get A Divorce in Florida?
You may need to go to court, but it depends. You can pursue an uncontested divorce if both spouses agree on all terms. With an uncontested divorce, you typically need to appear once to finalize the divorce. However, it depends on the circumstances and the county. You may not need to appear for a final hearing, or it may be done by phone or video.
In an uncontested divorce with no property or minor children, only one spouse may need to appear in court.
If the divorce is contested, both spouses will need to appear in court.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all aspects of the divorce, such as asset division, child custody, and child support. This type of divorce is typically faster and less expensive than a contested divorce.
There are two types of uncontested divorce in Florida: a simplified or a regular dissolution of marriage.
- Simplified dissolution: There are no minor children, and neither spouse is seeking support.
- Regular dissolution: There are minor children, one spouse is pregnant, or either spouse is seeking support.
In both types of uncontested divorce, spouses agree on all major issues. The simplified dissolution process provides a faster resolution when it’s an option.
Is Florida a No-Fault Divorce State?
Yes, Florida is a no-fault divorce state. This means you don’t have to prove wrongdoing by either spouse to file for divorce. Simply stating that the marriage is irretrievably broken is sufficient grounds. Dissolution of marriage can also be granted due to one spouse’s mental incapacity for at least three years.
Will I Receive Spousal Support?
Spousal support, or alimony, isn’t guaranteed in Florida. Courts consider several factors when deciding on spousal support.
If the court determines there is a need for support and the ability to pay, a support order may be determined based on factors like:
- Length of the marriage
- Each spouse’s financial resources and earning capacity
- Standard of living during the marriage
- Contributions to the marriage, such as homemaking or child care
- Each spouse’s health and age
- Parental responsibilities for minor children of the marriage
The court evaluates these factors to determine if alimony is appropriate and, if so, the amount and duration.
What Is Equitable Distribution in a Florida Divorce?
Florida follows the principle of equitable distribution, meaning marital assets and debts are divided fairly, but not necessarily equally.
Factors influencing this distribution include:
- Each spouse’s economic circumstances
- Contributions to the marriage, including homemaking and child care
- Any interruptions to a spouse’s career or education
- Contribution of one spouse to the other’s education or career
- Desire to retain an asset without interference or claim by the other spouse, particularly with interest in a business or professional practice
- The contribution of each spouse to the production, acquisition, or maintenance of marital assets or incurring of marital debts
- The desire to retain the marital home as the residence for minor children
- Intentional destruction, depletion, or waste of marital assets within two years of filing for divorce
It’s important to note that only marital property is subject to division. Separate property owned before the marriage or acquired by gift or inheritance typically remains with the original owner.
How Long Does It Take to Get a Divorce in Florida?
The duration of a divorce in Florida varies based on whether it’s contested or uncontested. An uncontested divorce, where both parties agree on all terms, can take as little as 4 to 6 weeks. There is a 20-day waiting period after filing the petition before a divorce can be granted.
A contested divorce can take several months or up to a year or longer to finalize. The timeline for a contested divorce is hard to predict as it depends on the willingness of both parties to reach an agreement on important terms.
Schedule a Case Evaluation With Our Florida Divorce Attorneys
Are you contemplating divorce? The legal team at the Law Office Of Paulette Hamilton Divorce Lawyers is here to advocate for you and guide you through the process. Our goal is to help you make informed decisions and reach a fair agreement so you can move forward with your life.
Contact our law office today to schedule a case evaluation with our Florida divorce attorneys to discuss how we can help you.
