Divorce in Florida:
A Simple Overview for Parents and Individuals
Divorce can be a challenging and emotional process, especially when children are involved. This guide provides a clear overview of the Florida divorce process, including key steps, timelines, and considerations for families.
Key Divorce Terminology in Florida Family Law
Before diving into the process, it’s helpful to understand some common terms used in Florida family law:
• Petitioner: The spouse who initiates the divorce by filing a petition.
• Responden:: The other spouse who responds to the petition.
• Dissolution of Marriage: The legal term for divorce in Florida.
• Contested Divorce: A divorce in which spouses cannot agree on one or more issues such as custody, property, or alimony.
• Uncontested Divorce: A divorce in which both parties agree on all terms.
• Parenting Plan: A court-approved document outlining custody, visitation, and decision-making for children.
• Equitable Distribution: Florida law requires marital property to be divided fairly, though not necessarily equally.
• Alimony: Court ordered payment from one spouse to the other in connection with a divorce intended to provide financial support when one spouse has a need for assistance and the other has the ability to pay.
• Discovery: The process of obtaining records, documents, and information relevant to the divorce proceedings.
Florida Divorce Requirements
To begin the divorce in Florida, you must meet certain requirements:
1. Residency: At least one spouse must have lived in Florida for at least six months prior to filing.
2. Legal Grounds: Florida is a no-fault divorce state, which means that Courts do not consider marital misconduct when granting a divorce. You don’t need to prove that anyone did anything wrong during the marriage . The only required ground is that the marriage is “irretrievably broken,” or that the marriage broken beyond repair.
The Florida Divorce Process Without Children
If there are no minor children involved and both parties agree on all issues, the process may be relatively straightforward:
1. Filing the Petition
The Petitioner files a “Petition for Dissolution of Marriage” with the Florida divorce court in the appropriate county. The appropriate county depends on a number of factors which should be discussed with your attorney, as it is case-specific.
2. Serving the Other Party
The Respondent must be formally served with the divorce papers by a person authorized under Florida law, such as a sheriff’s deputy or a certified process server. Alternatively, the Respondent can formally agree in writing to accept service of the divorce papers. Once the Respondent is served, they must be given time to respond to the petition.
3. Financial Disclosure
Both parties must exchange financial documents to disclose income, debts, and assets.
4. Settlement or Mediation
If both parties agree on all terms, a Marital Settlement Agreement can be submitted. Mediation, which is a meeting between the parties with a qualified neutral third party to reach voluntary agreement, may be required if there are disputes.
5. Final Hearing
A judge reviews the agreement at a Final Hearing and issues a Final Judgment of Dissolution of Marriage, which formally grants the divorce. This Final Hearing is required even if there is an agreement to resolve all issues.
The Florida Divorce Process With Children
When minor children are involved, the divorce becomes more complex. Florida divorce laws prioritize the best interests of the child, and additional steps are required to make those determinations.
1. Parenting Plan
Parents must submit a Parenting Plan outlining custody (time-sharing/visitation), education, health care, and decision-making responsibilities.
2. Child Support
Florida uses statutory guidelines to calculate child support based on each parent’s income and the amount of time spent with the child.
3. Mandatory Parenting Course
Both parents are required to complete a parenting course approved by the court.
4. Mediation and Custody Issues
If parents cannot agree, the court may require mediation. If disputes persist, the judge will decide based on the child’s best interests. The determination of the child’s best interest includes a number of factors and should be discussed with your attorney.
5. Final Hearing
Once all issues are resolved, the court issues a final judgment including the parenting plan and child support orders.
Collaborative Divorce in Florida
A growing number of couples are choosing collaborative divorce as a respectful and cost-effective alternative to traditional litigation. Under Florida divorce laws, collaborative divorce is a voluntary process that allows both parties to resolve disputes privately and outside of the courtroom with the help of trained professionals.
What Is Collaborative Divorce?
Collaborative divorce involves:
• A commitment by both spouses not to litigate
• The use of specially trained Florida divorce attorneys for each party
• Neutral professionals such as financial advisors or mental health facilitators to assist in finding resolutions on any outstanding issues, if necessary
• Open and honest exchange of information in a non-adversarial setting
Benefits of Collaborative Divorce
• Confidential: Unlike court proceedings, collaborative sessions are private.
• Less Adversarial: Focuses on cooperation and shared goals.
• Faster and Cost-Effective: Often resolved more quickly than a contested divorce.
• Child-Centered: Helps protect children from the conflict of litigation.
Collaborative divorce can be an excellent option for couples seeking a more amicable and dignified end to their marriage. However, it is not the right fit for every scenario. If you’re considering this approach, speak with a Florida divorce attorney trained in collaborative law to explore whether it’s a good fit for your family.
Florida Contested Divorce
In a Florida contested divorce, spouses cannot agree on key issues such as:
• Property division
• Alimony
• Child custody
• Child support
These cases often involve multiple court appearances, discovery, mediation, and possibly a trial. The process can be lengthy and emotionally taxing, making experienced legal representation essential.
How long does a Divorce take in Florida?
The length of a divorce revolves around a number of factors, including without limitation whether there are any child-related issues, and the complexity of the parties’ financial circumstances. We recommend speaking with an attorney about the specific details of your case to determine estimated timelines and goals.
Why Hire a Florida Divorce Attorney?
Even in uncontested or collaborative cases, having a trusted legal advisor ensures your interests are protected and all legal requirements are met. An experienced Florida divorce attorney can help:
- Draft enforceable agreements
- Navigate complex custody and financial issues
- Represent you at hearings, if necessary
- Ensure compliance with all Florida divorce requirements
Final Thoughts
At Brown Carrington, PLLC, we care. Whether you’re considering a collaborative, uncontested, or Florida contested divorce, understanding your rights and responsibilities under Florida family law is the first step toward a fresh start. We guide clients through every stage of the Florida divorce process with professionalism, compassion, and clarity.
If you’re thinking about filing for divorce in Florida, contact us today to schedule a consultation with a knowledgeable and caring Florida divorce attorney.
Written by: Jake Gonzalez
Jake Gonzalez is a family law attorney at Brown Carrington, PLLC, with experience in divorce litigation and malpractice defense. A first-generation American, he earned his law degree from the University of Miami School of Law and clerked for both a State Judge in the Eleventh Judicial Circuit and a Federal Judge in the Southern District of Florida. Jake is committed to clear communication and providing tailored legal solutions for each client.
Learn more about Jake here.
Edited by: Catherine Pierce
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