If your marriage is not working and you are considering divorce, the right preparation can save you time, money, and stress. Understanding the Florida divorce requirements is critical so that you can make the best of this often-difficult situation.
When you are ready, speak with an experienced divorce attorney from our team. They will ensure your divorce proceeds as smoothly as possible and address all of your concerns.
Initiating a Divorce Proceeding
Florida Statutes § 61.021 says that one of the spouses must live in the state for at least six months before either spouse can file for divorce. Someone who lives out of state can also file for divorce here if their spouse has been a resident for at least six months. The person seeking the divorce files a petition to dissolve the marriage in the Circuit Court of the county where one of them resides.
The person filing the divorce papers (the petitioner) must cite a legal reason, or grounds, for wanting to end the marriage. There are only two options in Florida: the marriage is irretrievably broken, or one spouse has been mentally incapacitated for at least three years. An attorney can help a spouse prepare and submit the divorce petition.
The petitioner must serve the divorce papers on the other spouse (the respondent). Usually, the petitioner must pay the Sheriff or a professional process service to deliver the papers to the respondent and confirm delivery with the court. A couple can avoid these fees and possible delays if the respondent completes a form waiving official service.
Couples Must Resolve Several Issues Before Divorcing
Dissolving the marriage requires a couple to untangle their finances and make arrangements for their children, if any exist. A court must review and approve the couple’s decisions before it grants a divorce.
Couples with minor children must submit a parenting plan describing how they will share time and custody. The plan must be detailed and include a weekly schedule, a schedule for holidays and birthdays, and an allocation of decision-making responsibilities, among other requirements. The parents must also arrange child support.
The couple then decides how to divide their property. Florida judges assume that marital property will be divided equitably, but may consider many factors that could sway them to grant a larger share to one spouse. The couple must also decide whether one of the spouses will receive alimony.
Timeframes for Divorce
People considering divorce often wonder how long it will take. In Florida, the parties have control over the length of the process. When they can agree on a parenting plan, property division, and alimony before they file for divorce, the process can move very quickly. When they submit their agreements with the divorce petition, a judge will review them and may issue a divorce decree within a few weeks.
When the couple cannot agree on the issues they must resolve, the divorce can take much longer. From the time the petition is filed, the attorneys for the spouses will try to negotiate a resolution, and often the couple works with a mediator to reach a settlement. If these efforts fail and a divorce trial is necessary, it could be more than a year before a divorce is final.
Consult a Florida Attorney About Local Divorce Requirements Today
Divorces are stressful, even in the best of circumstances. Knowing what you need to do and what to expect can make the experience a little easier, and ensure you exit on solid footing.
Understanding Florida divorce requirements is a first step, but you will need professional help to ensure you achieve your goals. Speak with a family law attorney at The Florida Probate & Family Law Firm. Reach out to schedule a free case evaluation with a member of our team.