Divorce Process in Florida

By Beverly Bird

Like some other states, Florida has decided that "divorce" is a dirty word. When you end your marriage in the state, it’s a "dissolution." The state requires mandatory steps you must take along the way, most of them designed to help you avoid a trial. However, some couples can bypass these requirements if they’re in agreement to do so.

Like some other states, Florida has decided that "divorce" is a dirty word. When you end your marriage in the state, it’s a "dissolution." The state requires mandatory steps you must take along the way, most of them designed to help you avoid a trial. However, some couples can bypass these requirements if they’re in agreement to do so.

Petition

The opening document for a divorce in Florida is a petition for dissolution of marriage. If you file, you’re the petitioner. You must file the petition with the circuit court, and you must be a resident of the state for at least six months in order to do so. Florida has two grounds, or legally permissible reasons, to end your marriage. Either the marriage must be “irretrievably broken,” or your spouse must be mentally incapacitated for a period of three years or more.

Divorce is never easy, but we can help. Learn More

Answer

After your spouse receives your petition for dissolution, she has a limited period of time within which to respond. Within 20 days, she should file some form of answering document with the court. She can file an answer, either denying that your marriage is broken or admitting to it, and agreeing to or opposing the things you’ve asked for in your petition. She also has the option of filing a counter-petition, itemizing her own requests for how she wants to end the marriage.

Getting the Facts

After you file your petition with the court and your spouse answers it with a document of her own, Florida law requires you to exchange Family Law Financial Affidavits within 45 days. This form discloses your income, assets, liabilities and budget. After you’ve done this and submitted copies to the court, you can ask the court for a hearing to set temporary orders while your dissolution is in progress. These might include a request for child support, spousal support or a visitation schedule so you can see your children.

Parenting Class

If you have children, Florida requires you to take two additional steps toward the dissolution of your marriage. You must attend a court-sponsored parenting class to help you handle the dissolution in the best way possible for your children. When you’ve completed the class, you must submit a parenting plan to the court, explaining your custody and visitation arrangement, or you must tell the court that you’ve been unable to agree to one so a judge can decide the issue for you.

Trial or Settlement

Unless you have a domestic violence restraining order in place between you, some Florida counties require you to attend mediation if you can’t come to a settlement on all issues regarding your divorce. Florida law also recognizes the collaborative divorce process, where you, your spouse, your attorneys and financial and custody experts work together to iron out the details of your dissolution. If mediation and collaborative attempts fail, you’ll proceed to trial.

Other Options

If you and your spouse have no children, if your spouse is not pregnant, and if neither of you is asking for alimony, you can mutually waive the requirement that you exchange financial affidavits. If you can reach an agreement resolving all financial and property issues between you without the intervention of the court, Florida offers a special petition for this process, called a simplified dissolution of marriage.

Divorce is never easy, but we can help. Learn More
Florida Divorce Paperwork Checklist

References

Related articles

Types of Pleadings in a Divorce

Like any legal matter, divorces can generate reams of paperwork. It can be a bit overwhelming, especially when terminology and requirements vary from state to state. The good news is that most states follow similar guidelines for pleadings. The bad news is that individual states sometimes call the same pleadings by different names.

The Procedures During a Divorce in Colorado

If you're divorcing in Colorado, the process is going to take at least three months because the state will not grant a divorce until 90 days after one spouse files for divorce and serves the other with a copy of the papers. If your divorce is contested, it will take longer. However, the wait may not be as long as in other states because Colorado's divorce procedure includes several deadlines for moving cases through the court system in a timely fashion.

How to Do Your Own Divorce in Ohio

Either spouse may legally file for divorce in the state of Ohio. If your divorce is uncontested or no-fault, you can likely do it yourself without the assistance of an attorney. If your spouse contests the divorce or you anticipate a complex process, you should consider consulting a family attorney for advice. Ohio law allows you to end a marriage in one of two ways, either by divorce or dissolution of marriage. The dissolution of marriage procedure is cheaper and less bureaucratic, but requires each spouse to agree on all essential issues.

Get Divorced Online

Related articles

Does the State of Florida Recognize "Abandonment" as a Reason for Divorce?

All states recognize no-fault divorce, but many states also allow spouses to file on fault grounds such as abandonment. ...

What Is the Process for Getting a Divorce in GA?

Most states share similar divorce procedures. In all jurisdictions, a complaint for divorce is required to begin the ...

How to File a Simple Divorce in Florida

Florida is one of a few states that allows you to bypass an expensive, time-consuming divorce process if you and your ...

Florida Contested Divorce Procedures

A contested divorce doesn’t necessarily mean you and your spouse disagree on every issue involved in ending your ...

Browse by category
Ready to Begin? GET STARTED