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Florida Divorce: Everything You Need To Know 

By Even Staff | Edited By Even Staff

Updated On January 27, 2024

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Divorce can be a tumultuous experience, both emotionally and legally. If you're contemplating or facing a Florida divorce, understanding the state-specific procedures can make the process more manageable. This guide endeavors to provide a comprehensive overview of divorce in Florida.

In this detailed guide to Florida divorce, you'll learn everything you need to know about:

How Do You File for Divorce in Florida?

Divorce, officially known as dissolution of marriage in Florida, starts with the filing of the "Petition for Dissolution of Marriage." This critical document is submitted to the circuit court in the county where the petitioner resides. Once filed, the divorce papers must be officially served to the other spouse (respondent) through an authorized process server or law enforcement agency. The respondent then has a window of 20 days to respond, either agreeing to the terms or contesting them.

In cases where both parties agree on every aspect of their divorce, from asset division to child custody, they may opt for what is known as a "simplified dissolution." This streamlined process can significantly expedite matters, though it requires thorough agreement and cooperation from both sides.

What are the residency requirements to file for divorce in Florida?

In Florida, adherence to residency requirements is crucial for the court to entertain a divorce case, ensuring the correct jurisdiction is applied. Below are the specifics associated with these requirements.

One essential stipulation for filing for divorce in Florida is that one of the spouses must have been a resident in the state for at least six months prior to the filing of the divorce petition. This continuous residency needs to be directly preceding the initiation of the divorce process. The six-month residency rule is non-negotiable and serves to prevent individuals from 'forum shopping,' which involves filing for divorce in a state with laws that they believe will be more favorable to their situation.

In order to meet the court's residency requirement for a Florida divorce, the spouse who has resided in Florida for the necessary time period must provide verifiable proof. The most common documentation used for this purpose include:

  • Florida Driver’s License: A valid Florida driver’s license with an issuance date at least six months prior to filing can serve as adequate proof.
  • Voter Registration Card: If the spouse is registered to vote in Florida, a voter registration card can also confirm residency. The registration date should likewise be at least six months before the divorce filing date.
  • Sworn Affidavit: In the absence of a driver’s license or voter registration, a sworn affidavit from a third party can be submitted. This affidavit should be from someone with knowledge of the spouse’s continuous residency in Florida for the stipulated period. It must be notarized and sworn under penalty of perjury.

While the six-month rule is firm, there might be special considerations or exceptions in unique cases, such as military personnel stationed in Florida or spouses living overseas. Understanding these nuances is crucial, as failure to meet the residency requirements can result in the dismissal of the divorce case. 

What are the Grounds for Divorce in Florida?

Florida has streamlined its divorce process by adopting a no-fault divorce system, emphasizing the conclusion of marital breakdown rather than placing blame. This system is designed to simplify divorce proceedings and minimize potential conflicts. Let's delve deeper into the specific grounds for divorce in Florida.

The No-Fault Divorce Principle

Most states traditionally required a spouse to prove some form of wrongdoing by the other party to obtain a divorce. However, Florida, like many modern jurisdictions, has moved away from this approach. Instead of focusing on blame, the state's no-fault system emphasizes that sometimes marriages break down beyond repair. The goal is to minimize animosity and prolonged litigation by not necessitating the airing of marital grievances in court.

Grounds for Divorce in Florida

Florida law primarily provides for two straightforward grounds for divorce:

  1. Irretrievably Broken Marriage:
    • Definition: An “irretrievably broken marriage” is the most commonly cited reason for divorce. It simply means that the marriage is broken beyond repair, and there's no hope or chance for reconciliation. Couples can mutually agree on this, or one spouse can assert it even if the other disagrees.
    • Proof and Validation: To proceed on this ground, there's typically no need for spouses to provide specific instances of conflict or reasons for their discontentment. However, if one party contests the claim that the marriage is irretrievably broken, the court might suggest counseling or a brief separation. Yet, if one party maintains that reconciliation isn't possible, the court generally respects this assertion.
  2. Mental Incapacitation of a Spouse:
    • Definition: The second, less common ground for divorce in Florida is when one spouse has been declared mentally incapacitated. For this ground to be valid, the incapacitation should have been in place for at least three years before filing for divorce.
    • Proof and Validation: This is a more stringent requirement. The declaration of mental incapacitation must come from a Florida court. Additionally, there are often medical assessments and legal procedures involved before such a declaration is made. A spouse relying on this ground must provide the court with evidence of the formal declaration.

Florida's no-fault divorce system offers a more compassionate and practical approach to marital dissolution. By focusing on the reality of marital breakdown rather than finding fault, the process becomes less adversarial. Whether the marriage is irretrievably broken or there's a case of mental incapacitation, it's essential to approach the divorce process with clarity and understanding, possibly seeking legal counsel to navigate the specific requirements and implications.

How to Get a Quick Divorce in Florida

For couples who wish to finalize their divorce without drawn-out proceedings, Florida offers the option of a "simplified dissolution of marriage." This quick route has specific criteria that must be met to qualify:

  • Mutual Agreement: Both spouses must be in full agreement that the marriage is irretrievably broken and cannot be fixed.
  • No Dependents: The couple must not share any minor (under 18) or dependent children, either biological or adopted.
  • Asset and Debt Division: Both parties must be in agreement on the division of all assets and liabilities, having made full disclosure to each other about their finances.
  • No Alimony: Neither party can seek alimony from the other.
  • Court Appearance: Both parties must be willing to appear in court together for the final dissolution hearing.
  • Documentation: All necessary paperwork, detailing their agreements and financial affidavits, must be completed and filed with the court.

Choosing this path eliminates the need for a trial or ongoing negotiations, allowing couples to move on more swiftly with their separate lives.

Does Florida Require Separation Before Divorce?

In many states, legal separation serves as a preliminary step to divorce, allowing couples time to reconsider while still providing a legal framework for things like child custody, property division, and spousal support. However, when it comes to Florida, the situation is different. Here's what you need to know:

No Legal Separation in Florida

Unlike some states that offer and sometimes require a period of legal separation before divorce, Florida does not have a provision for legal separation. This means that while couples can live separately if they choose, there's no formal legal structure or recognition for that separation.

Residency Requirement

Florida's main emphasis in terms of timing related to divorce revolves around residency. At least one of the parties seeking divorce must have lived in Florida for a minimum of six months immediately before filing. This residency requirement ensures that Florida courts have proper jurisdiction over the divorce case. Proof of residency is usually established with a Florida driver's license, a voter registration card, or an affidavit from a third party.

Importance of Counseling or Mediation

While Florida does not require separation, courts might, in some cases, recommend couples counseling or mediation, especially if only one party believes the marriage is irretrievably broken. This is not a mandate but can serve as a tool to ensure that all avenues for reconciliation are explored.

How Much Does Divorce Cost in Florida?

Embarking on a divorce journey brings with it not only emotional turmoil but also financial implications. Understanding the potential costs in Florida can help you plan and navigate the process more efficiently.

Florida Divorce: Standard Costs

  • Filing Fee: The foundational cost is the filing fee for the Petition for Dissolution of Marriage. In Florida, this fee varies slightly by county but generally hovers around $400.
  • Service of Process Fee: After filing, the divorce papers must be formally served to the other spouse, notifying them of the action. If you employ the sheriff's office or a private process server, this can cost anywhere between $40 to $100, depending on the county and service method.
  • Parenting Class: In cases involving minor children, Florida mandates a parenting course designed to assist parents and children in transitioning during and after the divorce. This class typically costs between $20 to $50.
  • Attorney's Fees: Depending on whether you hire an attorney and the complexity of your divorce, legal fees can be the most significant expense. Attorney rates vary widely, typically ranging from $150 to $500 per hour or more. Some attorneys might also offer flat fee arrangements for uncontested divorces.
  • Mediation or Counseling: If disputes arise that can't be settled directly, mediation might be suggested or required. Mediator fees can range from $100 to $300 per hour.
  • Additional Expenses: Complex divorces may involve costs for child custody evaluations, property appraisals, financial experts, or even forensic accountants. These can add considerably to the overall expense.

For individuals with financial hardships, Florida courts might offer fee waivers or installment payment options for the filing fee. It's essential to consult with the specific county clerk's office for details and eligibility criteria.

How Long Does It Take to Get Divorced in Florida?

Divorce is not only an emotionally challenging process, but the timeline can also vary considerably depending on various factors. In Florida, the duration of the divorce process hinges on the specifics of each case.

Uncontested Divorce

  • Definition: An uncontested divorce, often called a "simplified dissolution of marriage" in Florida, is when both parties agree on all terms, including property division, alimony, child custody, and support.
  • Timeline: Uncontested divorce is the quickest route to divorce. Once all the necessary paperwork is submitted, the court typically schedules a final hearing within a few weeks. However, exact timelines can differ based on the court's backlog and both parties' efficiency in providing required documentation.

Contested Divorce

  • Definition: When spouses cannot agree on one or multiple issues, the divorce becomes contested. This means negotiations, mediation, or even court trials may be needed to resolve disagreements.
  • Timeline: The process for contested divorce can extend considerably, often lasting several months to years. The duration is influenced by the complexity of the issues, the willingness of the parties to cooperate, the need for expert evaluations, and the court's schedule.

How is Marital Property Divided in Florida?

Florida's approach to the division of marital assets and debts is underpinned by the concept of equitable distribution.

While many people assume that equitable distribution for a Florida divorce is a 50-50 split, "equitable" means "fair," not necessarily equal. The objective of equitable distribution is to ensure that both parties depart the marriage in a just financial position.

Equitable distribution: factors considered

The court evaluates various elements to determine a fair division:

  • Contribution to the Marriage: This encompasses financial inputs, as well as non-monetary contributions like homemaking, child-rearing, or supporting a spouse's education or career.
  • Duration of Marriage: A longer marriage might mean intertwined finances, making property division more complex.
  • Economic Circumstances: This considers each party's current financial situation and future earning potential.
  • Dissipation of Assets: If one party wasted marital assets, especially with malicious intent, it might be factored into the division.
  • Separate vs. Marital Property: Only assets and debts acquired or incurred during the marriage are typically considered for division. Anything owned or owed before the marriage, inheritances, and personal gifts usually remain separate.

How Does Child Custody Work in Florida?

The welfare of the child is paramount when Florida courts make decisions on child custody in a Florida divorce.

Shared Parental Responsibility

Florida emphasizes the importance of both parents playing an active role in a child's life, leaning towards shared custody arrangements unless it's detrimental to the child.

Best Interests of the Child

In a Florida divorce, factors weighed in the decision-making process include:

  • Physical and Emotional Health: The overall well-being and safety of the child are fundamental.
  • Moral Fitness: The ethical and moral conduct of the parents can influence decisions, especially if behaviors might adversely affect the child.
  • Child's Preference: Depending on the child's age and maturity, their wishes might be taken into account.
  • Stability of Home Environment: A consistent, stable environment, including schooling and community ties, is crucial.
  • History of Violence: Any domestic violence, abuse, or neglect incidents can significantly sway custody decisions.

What are the Child Support Guidelines in Florida?

Child support is vital in ensuring that children's needs are met, especially after the dissolution of a marriage. In Florida, the guidelines for calculating child support are designed to consider various essential elements, including:

Income Evaluation

  • Both Parents' Monthly Income: This encompasses wages, bonuses, disability benefits, workers' compensation, unemployment, pension, rents, and even dividends. Each parent's net income is determined and then combined.

Expense Assessment

  • Childcare Costs: This includes day-care, after-school programs, and any other necessary caregiving expenses that allow the parents to work or attend school.
  • Healthcare Costs: This takes into account health insurance premiums, medical, dental, and prescription expenses that aren't covered by insurance.

Basic Needs Calculation

  • Standard Needs: Florida uses a table that outlines the basic monthly child support needs based on the combined monthly net income of both parents and the number of children. This table accounts for essentials like food, shelter, and clothing.

Time-sharing

  • Parenting Time: The amount of overnight stays the child has with each parent can affect the final child support amount, especially in joint custody situations.

Final Calculation

Once the combined income, basic needs of the child, and additional expenses are tallied, the total is proportionally divided based on each parent's income, determining each parent's responsibility.

How Does Alimony Work in Florida?

Alimony, or spousal support, is a provision designed to minimize the economic impact of divorce on a spouse who is financially dependent on the other.

Determining the Need and Ability to Pay

The primary factors are whether one spouse requires financial assistance and whether the other spouse has the means to provide support. When determining the amount, type, and duration of alimony, the court evaluates:

  • Length of the Marriage: Generally, longer marriages might result in extended or larger alimony awards. Marriages in Florida are often categorized as short-term (less than 7 years), moderate-term (7 to 17 years), or long-term (17 years or more).
  • Standard of Living: The lifestyle the couple had during the marriage sets a benchmark.
  • Age and Physical Condition: An older spouse or one with significant health issues might be less able to support themselves financially.
  • Financial Resources: This includes not only the spouse's earnings but also assets they will retain after the divorce, like property.
  • Earning Capacities: The court considers education levels, skills, employment history, and the time needed for either party to acquire education or training to find appropriate employment.
  • Contributions to the Marriage: This can encompass more than financial contributions. For instance, one spouse might have sacrificed their career to support the other or to manage the household.

Types of Alimony in Florida

Florida recognizes several forms of alimony:

  • Bridge-the-Gap Alimony: Short-term and aids in transitioning from being married to being single.
  • Rehabilitative Alimony: Offered to assist a spouse in gaining self-sufficiency through redeveloping previous skills or acquiring new ones.
  • Durational Alimony: For marriages that don't qualify for permanent alimony but require financial assistance for a set duration.
  • Permanent Alimony: For long-term marriages when one spouse lacks the ability to maintain their marital standard of living.

It's essential to understand that alimony is not guaranteed. Courts award it based on specific criteria, ensuring fairness in the financial aftermath of a divorce.

Florida Divorce: Frequently Asked Questions

What are the grounds for divorce in Florida?

Florida is a no-fault state, meaning the only grounds are that the marriage is irretrievably broken or one party has been mentally incapacitated for three years.

How long do I have to live in Florida to file for divorce?

One of the spouses must have resided in Florida for at least six months before filing.

How is child custody determined in Florida?

Florida courts prioritize shared parental responsibility and base decisions on the best interests of the child.

Does Florida offer alimony?

Yes, based on one party's need and the other's ability to pay.

Is marital misconduct considered in property division?

Florida focuses on equitable distribution, and while marital misconduct can be considered, it is not a primary factor.

Can I get an annulment in Florida?

Yes, under specific grounds such as bigamy, lack of consent, or if the marriage was based on fraud.

How is child support calculated in Florida?

Using guidelines that consider both parents' incomes, childcare costs, and the child's standard needs.

Can divorce papers be served by mail in Florida?

Yes, but the receiving party must sign an acknowledgment form.

What if my spouse refuses to sign the divorce papers?

The court can proceed with a default judgment if the other party doesn't respond within 20 days.

Are online divorce services valid in Florida?

While online services can provide paperwork, it's crucial to ensure forms are accurate and complete. It's often advisable to consult an attorney.