Do you need to get a divorce in Florida? Maybe you and your spouse are no longer happy living together. Maybe you’ve been fighting over who gets custody of the kids, or maybe you and your spouse can’t agree on how to split up the family finances. If you answered yes to any of these questions, then you need to get a divorce in Florida. Wherever you stand on the issue, getting a divorce is never easy. But the right steps can help you get through the process, in a way that is as smooth and painless as possible. Keep reading to learn everything you need to know about getting a divorce in Florida.
What is a Divorce?
A divorce is the legal termination of a marriage. When a couple decides to end their marriage, they have to file a legal document called a “divorce complaint” in the State where they live. In order to get a divorce, you and your spouse can still live together or have physically separated. Usually, one spouse moves out of the marital home, and then the other spouse lives in the home without the other spouse however this is not always the case.
How to Go About Getting a Divorce in Florida
If you want to get a divorce in Florida, you will have to file a legal document called a “petition for dissolution of marriage.” In this document, you will ask a court for a divorce due to “irreconciliable differences” (meaning a divorce without any conditions or restrictions attached to it). If your spouse is in agreement he/she will sign an “Answer and Waiver”.
There are other supporting documents to be included in the filings but these are the most important.
If your spouse is agreeing to the divorce and is collaborating then you can get what’s called a Mutual Agreement divorce.
If your spouse refuses to sign the “Answer and Waiver” then the divorce will be filed with a Summons. This means your spouse will be required to be served by either a sheriff or a private process server.
Finally, if you do have mutual assets or bills that need to be split you will want to provide all of the details such as how much is owed and monthly payments and/or current market value on the Family Law Financial Affidavit. If the divorce is in mutual agreement then a Marital Settlement Agreement will include all the assets and bills split based on your agreement.
If the divorce is by summons then both of you will be required to attend mediation and attempt to reach an agreement. If mediation fails then the court will order a trial where both of you will be required to provide proof and witnesses to support your requests. In reality contested trials in family law are rare and far in between.
The Florida Divorce Process
In Florida, the court administration handles most of the process, with judges spending only a few minutes during the final stage of the case. There are only a few instances in which judges are more involved and that’s usually high stakes cases where there are lots of assets or the children are stuck in the middle of a bitter custody battle.
The divorce process varies based on the specifics of the family. There are technically 9 different ways a divorce can be processed:
- Simple divorce in mutual agreement – no children, no financial attachments and both parties agree and will cooperate with the proceedings.
- Simple divorce by summons – no children, no financial attachments however the sheriff must get the other party served because the other party does not want to cooperate or he/she is incarcerated.
- Simple divorce by publication – no children, no financial attachments however the whereabouts of the other party are not known.
- Divorce with Property in Agreement – no minor children but there are financial attachments to be split and both parties are involved in the divorce process.
- Divorce with Property by Summons – no minor children but there are financial issues to split and the other party is not cooperating or in agreement.
- Divorce with Property by Publication – no minor children but there are properties that need to be addressed in the divorce and the whereabouts of the other party are unknown.
- Divorce with Minor Children in Mutual Agreement – With or without property, there are minor children and both parties are on the same page about visitation, finances and everything in between.
- Divorce with Minor Children by Summons – With minor children but there is friction and it’s not possible to reach an agreement without the court being involved. The other party will be served a summons with a sheriff.
- Divorce with Minor Children by Publication – With minor children however the whereabouts of the party are unknown.
Can I Get a Divorce in Florida?
In Florida, you can only get a divorce if you and your spouse has lived in the State of Florida for the last 6 months which must be proven with a Florida issued identification such as the driver’s license or if that is not available then an affidavit of witness must be notarized by someone that knows either party and has a Florida driver’s license older than 6 months.
If there are minor chilren in the relationship the children must also live in Florida.
The Final Word: Is Filing for Divorce the Best Option?
Getting a divorce can be a very stressful experience. There are a lot of things that you need to think about, and there are a lot of legal documents that you will have to sign. In many cases, getting a divorce is just not the right option. If your marriage is not ending due to “extreme cruelty” as defined by Florida law, then getting a divorce can be a very stressful, expensive, and time-consuming process. If this is the case, then you and your spouse would be better off ending your marriage in a way that doesn’t involve a legal document. The best way to do this is to talk about your marriage problems and work on saving your marriage. You can do this by going to a marriage counselor, reading books on how to save a marriage, or going to a local marriage support group.
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