Filing for divorce in Florida can be a difficult and intimidating process. The laws and regulations governing divorce in the state can be complex and confusing. Whether you are seeking a dissolution or a contested divorce, it is important to know your rights and understand the legal procedures. Before beginning the divorce process, it is important to understand the requirements, the process, and the potential costs involved. From gathering and filing the necessary documents to understanding the timeline for the process, this article provides an overview of what you need to know about filing for divorce in Florida.

Qualifying for Divorce in Florida

Before you file for divorce in Florida, there are a few requirements that you must meet. First, you must be a resident of Florida for at least six months prior to filing for divorce. In most cases, you must be a resident for one year before filing for a no-fault divorce. Second, if you and your spouse have minor children, the children should be living in the State as well and provide the addresses of where the children lived within the last 5 years in order for the judge to decide if he/she has jurisdiction over the children. You must also be able to prove that your marriage is irreconcilably broken. This means that your spouse is no longer interested in working towards reconciliation, and you have not taken steps towards reconciliation either.

Types of Divorce in Florida

In Florida, there are three types of divorce: a No-Fault Divorce, a Fault Divorce and a Divorce by Publication. A No-Fault Divorce is when you and your spouse mutually agree to end your marriage. This type of divorce is also commonly known as a “divorce in mutual agreement”, this means both parties will be cooperating with the process and sign the appropriate documents in front of a notary. The Fault Divorce is when one spouse wants to end the marriage and the other spouse objects. A divorce by publication is when the whereabouts of the other party are not known.

Florida recognizes “irreconcilable differences” or Incurable Insanity as a reason for a divorce for all 3 types.

Gather Necessary Documents

Before you file for divorce in Florida, you must gather the necessary documents. You will need to have the following documents available before you file for divorce: Name and Address of your spouse (unless it’s a divorce by publication, which in this case you will need the last known address) – Make sure you have both your spouse’s current address and their correct name. If there are any children involved in the divorce – You will also need to provide information about your children, including their names, dates of birth, current and last 5 year addresses.

File a Petition for Dissolution of Marriage

Once you have gathered the necessary information, you can file a Petition for Dissolution of Marriage and other supportive documents. The Florida Supreme Court has created standard forms for this petition. Once the forms are filled out, they need to be signed in front of a notary and then filed with the Clerk of Court. What happens after depends on the type of your divorce.

Serve Your Spouse with the Petition

If the divorce is At Fault (the case is filed without the respondent documents), the other party (the respondent) must be served with a copy of the petition and supporting documents and will have 20 calendar days to respond. Florida law requires that service be completed by a Sheriff or a licensed and bonded Process Server. If the Sheriff is unable to serve your spouse personally, they will serve your spouse by publication.

Timeline of the Divorce Process

After you file the divorce petition, there are several steps in the divorce process. First, a case manager will review the petition and figure out if an answer was filed or if the case went into default status (this means respondent did not answer and the petitioner filed default paperwork) or if the respondent answered but is not in agreement with the petition; in this case the case manager will most likely refer the case to court appointment mediation. Both you and your spouse will be required to attend a mediation meeting or a final hearing. After you attend the mediation/settlement conference, you will be required to attend a final hearing where the judge will either sign the final judgement or schedule a trial.

The timeline for your case will be different depending on a number of factors, including the type of divorce and whether your spouse has filed a response to your petition. In general, the divorce process takes approximately six to 10 months.

Contested vs. Uncontested Divorce

A contested divorce is one in which both parties participate in the divorce proceedings. A divorce is usually contested if both spouses cannot agree on issues such as division of assets, child custody, and spousal support. An uncontested divorce is one in which one spouse has completely waived their rights. You may be eligible for an uncontested divorce if you and your spouse have reached an agreement regarding the terms of the divorce and are able to sign a divorce settlement agreement. Before you file for divorce, you and your spouse should discuss divorce terms and come to an agreement about all issues that will be decided in the divorce, including child custody and visitation, spousal support, and division of assets and debts. In many cases, the division of assets and debts is settled using mediation or collaborative divorce.

Costs of Divorce in Florida

The cost of divorce in Florida can vary depending on a number of factors. If you and your spouse are able to settle all issues, including division of assets and spousal support, in a divorce settlement, your divorce will likely cost around $3000. If, however, you and your spouse are unable to reach an agreement, the divorce will likely cost between $10,000 and $20,000. Other factors that could increase the cost of your divorce include the following: – Your spouse opposes the divorce – You choose to hire an attorney – You file a contested divorce – You choose to participate in mediation or collaborative divorce – You or your spouse has significant assets to divide There are various ways to reduce the cost of your divorce. You should try to settle all issues in a divorce settlement, including division of assets and spousal support. You can also save money by filing the divorce petition yourself and participating in mediation or collaborative divorce.

Child Custody and Visitation

During the divorce process, you and your spouse will need to determine child custody and visitation. You should both come to an agreement regarding these matters before you file for divorce. If you are unable to reach an agreement, a judge will make the final decision. The judge will decide child custody based on what is in the best interest of the child. When making this decision, the judge will consider the following factors: – The child’s age – Whether there has been abuse – The mental, physical, and emotional needs of the child – The child’s relationships with the other parent and other people who are important to the child – The child’s relationship with school, friends, and activities – The child’s religious affiliation and where they attend school – The mental and physical health of the parents – The child’s adjustment to home, school, and their community – Any history of domestic violence between the parents

Alimony and Property Division

After the judge rules on child custody and visitation, you and your spouse will need to decide on spousal support and property division. You and your spouse may be able to come to an agreement about spousal support using mediation or collaborative divorce. If you are unable to reach an agreement, the judge will decide spousal support. The judge will decide property division using equitable distribution. This means that the judge will decide what is fair based on the following factors: – Length of the marriage – Ages of the spouses – Health of the spouses – Income of the spouses – Earning potential – Contributions to the marriage – Disabilities – Standard of living during the marriage – Tax implications – Debts – Assets owned by either spouse before the marriage – Assets acquired during the marriage – Contributions to the increase in value of assets owned before or during the marriage – Mental and physical capacity to work – Contribution as homemaker – Extraordinary expenses related to healthcare – Needs of each spouse – Any equitable distribution used in previous divorces

Finalizing the Divorce

After you and your spouse have reached an agreement on all issues relating to the divorce, you will need to finalize the