A Guide to Navigating Your Divorce in Florida

December 19, 2024

A Guide to Navigating Your Divorce in Florida

Divorce, known as the “dissolution of marriage” in Florida, can be a complex process. Understanding the steps can help reduce stress and ensure you’re prepared for what’s ahead. Florida is a no-fault state, meaning couples don’t need to prove wrongdoing; you only need to show that the marriage is “irretrievably broken.”


Here’s an overview of the key steps in the Florida divorce process:


1. Residency Requirements

To file for divorce, at least one spouse must have lived in Florida for at least six months before filing.


2. Filing for Divorce

The spouse initiating the divorce (petitioner) files a Petition for Dissolution of Marriage. The other spouse (respondent) must be served with the petition and typically has 20 days to respond.


3. Temporary Orders

If needed, either spouse can request temporary orders for things like child custody, spousal support, or use of the marital home during the divorce process.


4. Financial Disclosures

Both spouses must provide full financial disclosure by completing a Family Law Financial Affidavit to ensure fair division of assets, debts, and decisions on alimony and child support.


5. Negotiation or Mediation

Florida encourages couples to resolve disputes through mediation. A mediator helps couples negotiate terms such as asset division, child custody, and support without going to trial. Successful mediation results in a marital settlement agreement.


6. Uncontested vs. Contested Divorce

  • Uncontested Divorce: Both spouses agree on all terms. The process is quicker and usually less costly.
  • Contested Divorce: If spouses can’t agree, a judge will make decisions on unresolved issues after hearings or a trial, making the process longer and more expensive.

7. Finalizing the Divorce

Once the terms are agreed upon or ruled on by a judge, the divorce is finalized with a Final Judgment of Dissolution of Marriage.


8. Post-Divorce Issues

After the divorce, life changes may require modifications to child custody, child support, or alimony. Either party can request changes based on significant changes in circumstances.


Conclusion: Navigating Divorce in Florida

Divorce can be challenging, but having an experienced attorney to guide you through the legal process ensures your rights are protected. Whether your divorce is uncontested or contested, having professional legal support is key to navigating the process smoothly.

If you’re considering divorce or have questions about the process, contact Veliz Katz Law for a consultation to see how we can assist you.

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