How to Get a Divorce in Florida

experienced divorce lawyer who can help guide you through the legal process. This process involves many steps, including:

Meet the Residency Requirement

Before you can seek a divorce from a Florida court, you or your spouse must meet the residency requirement. This requires that one of you have resided in the state for at least six months prior to filing.

Types of Divorce in Florida

Florida has various types of divorces. The one you use will depend on the specifics of your circumstances and your spouse’s preferences. The type of divorce you pursue will affect the steps you follow. Your options may include:

Collaborative Divorce

A collaborative divorce is one in which the spouses work together to reach an amicable agreement regarding their divorce. They work with lawyers who have the same objective. They may hire other professionals to assist with the process, such as financial advisors and mental health professionals.

The spouses willingly share information during the process. The divorce team works collaboratively to reach an agreement that is tailored to the needs of the spouses and their family. The divorce lawyers prepare the divorce paperwork and seek approval from the court.

What is discussed during the process remains private, so information about the couple’s family and finances is not shared with the public, as it would be if they filed for divorce without an agreement already in place.

This type of divorce is generally more amicable, faster, and less expensive than a contested divorce. The spouses retain control over the process. If they are unable to reach an agreement, the lawyers recuse themselves, and the spouses proceed with the divorce with new lawyers.

Uncontested Divorce

An uncontested divorce is one in which the spouses agree on the material terms of their divorce, including:

The spouses negotiate a settlement on their own, with the help of their attorneys, or through mediation. They then present the settlement agreement to the court for approval and conversion to an enforceable court order.

Simplified Divorce

Florida has a special form of divorce that expedites the process and reduces associated costs, called a simplified divorce. To qualify for this type of uncontested divorce, you must meet the following requirements:

You and your spouse agree that the marriage is irretrievably broken.
You and your spouse have no minor or dependent children together, the wife is not currently pregnant, and the wife has no minor or dependent children born during the marriage.
You and your spouse agree on property and debt division.
Neither spouse is seeking spousal support.
You and your spouse agree to give up your right to a trial and appeal.
Both spouses sign the petition for the dissolution of their marriage.
Both spouses are willing to attend the final hearing at the same time.

Mediated Divorce

Mediation is a way for parties involved in a legal dispute to reach an amicable decision without litigation. The process is led by a mediator. This person is not a judge or jury. Instead, their role is to help the parties communicate and see the benefits of resolving their conflict without judicial intervention.

There are many benefits to mediating a divorce case, including:

Better communication: During mediation, the parties have a chance to express their feelings, concerns, and preferences. They may express these to the mediator or the other party. The mediator can also model positive communication skills that can help the spouses communicate better in the future.
Privacy: The spouses don’t have to air their grievances in a public forum like a courtroom. Instead, they meet in a private office or other neutral location. Anything that they discuss during mediation is confidential.
Flexibility: The spouses can reach nearly any agreement possible, as long as it is legal. They can have flexible child custody arrangements or unique property division clauses. This option allows the spouses to reach agreements that work best for their unique family.
Control of the outcome: The spouses can avoid the uncertainty of a trial. Whatever they agree to is what the outcome of the case is.
Speed and reduced costs: Mediation can help speed up the process and reduce costs since lawyer involvement is not as lengthy.
Neutrality: The mediator is a neutral party. They can provide insight into the other spouse’s perspective and how the court may rule on the matter.

Contested Divorce

A contested divorce is one in which the spouses do not agree on one or more material terms of their divorce, such as property division or child custody. Even with negotiations, the spouses do not reach a settlement. Their case requires a trial.

During the trial, the spouses testify, call witnesses, and present evidence to convince the judge of their case. The judge makes the decision about the contested matters in the case and issues a final order.

Litigation has the following drawbacks:

Lack of control over the outcome: The spouses are subject to the order of the court. A stranger can decide the most intimate aspects of the case without really knowing the parties or their family.
Lengthy and complex process: Litigation is often much longer than a case that is resolved prior to trial. It may involve pre-trial motion filings, lengthy discovery requests, settlement conferences, and hearings. Your case may be delayed due to a busy court docket.
Greater expenses: With more time required of attorneys, litigation is often much more expensive than the alternatives. There may also be additional legal costs involved in the case, including deposition costs and costs associated with hiring expert witnesses.
Lack of privacy: Court cases are generally open to the public. Records filed in the case will generally be a matter of public record.

Despite these downsides, litigation is sometimes necessary when the parties are unable to reach an agreement despite their best efforts.

Prepare and File a Divorce Petition

Once you know what type of divorce you are pursuing, you can prepare the proper petition, either on your own or with your spouse, depending on the type of divorce that you are seeking. Because Florida is a no-fault divorce state, you only have to state that the marriage is irretrievably broken, not allege that your spouse did anything wrong to bring about the divorce.

The divorce petition seeks out the basic facts of the case, explains why the court where you are filing it has the proper jurisdiction, and seeks specific relief, such as a divorce to be granted and for you to be named as the primary custodian of your children. You file this petition in the circuit court where you or your spouse lives, along with other required legal paperwork. You must also pay the filing fee when you file your petition.

Serve Your Spouse

As the petitioner (unless you are filing a joint petition with your spouse), you are legally required to formally serve your spouse with the divorce petition so they know that a legal action is pending against them and that a response is expected.

Wait for a Response

Your spouse generally has 20 days to respond to the petition.

Provide Financial Disclosures

Florida law requires both spouses to provide full disclosures of their finances, including assets, debts, income, and expenses. These disclosures help the spouses understand their financial position so that they can make more informed decisions. You provide these disclosures to your spouse.

File Additional Paperwork

Depending on your circumstances, you may have to file additional paperwork if you have not already, such as:

Uniform Child Custody Jurisdiction and Enforcement Act affidavit: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) explains which family court has jurisdiction over a case. You must file an affidavit that provides basic information about your children, including their residence in the five years leading up to the divorce petition and any existing child support or custody orders concerning them, if you have minor children with your spouse.
Child Support Guidelines Worksheet: If you or your spouse is requesting court-ordered child support, you must submit the guidelines worksheet.
Certificate of Compliance with Mandatory Disclosure: This form gives both spouses’ consent to provide financial information, including property deeds, bank statements, tax returns, employment records, and financial account records. This form must be submitted within 45 days of serving your spouse.
Family Law Financial Affidavit: The Family Law Financial Affidavit provides information about your income, expenses, and debts, allowing the court to make fair determinations regarding property division, spousal support, and child support.

Conduct Discovery

If the parties are not proceeding with an uncontested divorce at this time, it is likely that their attorneys will initiate the discovery process. This is the formal exchange of information that allows the lawyers to prepare for a trial. Discovery requests can take many forms, including:

Interrogatories: Interrogatories are a series of questions that the spouses are required to answer. Examples include what type of evidence and expert witnesses they plan to present or call at trial, information about their finances, and information about their role in parenting their children.
Requests for the production of documents: These requests request specific documents that the other spouse has or controls access to, such as bank records, school records, employment records, or medical records.
Requests for admissions: Admissions ask that a spouse admit or deny certain statements, thereby reducing the number of issues that are contested.
Subpoenas: Subpoenas ask third parties to provide information in their possession or control, such as banks to provide bank records or doctors to provide medical records.
Depositions: Depositions are recorded interviews. They give the attorneys a better sense of what witnesses or parties know and the type of testimony that they would provide at trial.

The parties and their lawyers are subject to strict rules and deadlines regarding discovery.

Attend a Case Management Conference

The court might schedule a case management conference after the parties submit their initial documents. This scheduled hearing helps acquaint the judge with the case and facts. The court may also check to see if the parties have filed the necessary documents and might schedule mediation.

Attend Mediation

The court may require the parties to participate in mediation in hopes of resolving the case before a trial. During mediation, the parties may be able to reach a settlement. They may also be able to create a parenting plan. A parenting plan sets out when each parent would have time with the child, with whom the child would primarily live, how decisions regarding the child would be made, and other matters regarding the child. The parenting plan must be submitted to the court before the final hearing.

Attend a Parenting Class

The court may require the parties to attend a parenting class if they are parents. This would be a court-approved parenting course that meets Florida requirements.

Negotiate

The parties can still continue to negotiate throughout the process, leading up to trial. Negotiation may help them resolve all outstanding issues or some of them, so that any trial is reserved for the issues that remain contested.

Attend Hearings

Depending on the case, you and your spouse may be required to attend one or more hearings. At the final hearing, both spouses will present their case. The judge issues a final judgment, which both you and your spouse are required to adhere to.

Consult an Experienced Florida Divorce Lawyer for Help

The divorce process in Florida is complex. A simple mistake can cost you dearly. A knowledgeable divorce and family law attorney from Luhrsen Goldberg LLC can guide you through the legal process, explain your legal rights, and help protect your interests. Contact us today for a confidential consultation.