How Do I File For Divorce In Florida?

Contact an Experienced Florida Divorce Lawyer Today

When you’re facing a divorce, knowing what to expect during the divorce process will make it easier to navigate the days and months ahead—you won’t be thrown off course by an unexpected requirement or proceeding. At The Law Offices of Sean Smallwood, P.A., we provide divorce advice and representation through all the steps and stages of divorce in Florida, and you can call us at any point during your divorce for guidance. Perhaps you’re only just considering divorce or you were attempting to handle your divorce yourself, but you haven’t been able to resolve necessary issues, such as custody or property division. Read on for more information about the divorce process in Orlando, and call our nearby Orlando divorce attorneys at (407) 574-6155 for help steering your divorce to a positive conclusion.

What Do I Need to Know About Florida Divorce Laws?

Here’s what you need to know when filing for divorce in Florida: Marriages in Florida can end through an annulment or by divorce. Legal separation is not recognized or permitted in the state. In Florida, a divorce is called a “dissolution of marriage.”

Florida is one of the many states that have abolished fault as a ground for the dissolution of marriage. The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage. You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken.

After a dissolution of marriage has been initiated, there is a 20-day waiting period that a couple must go through before a case may be heard and a Judge of the Circuit Court signs a Final Judgment of Dissolution of Marriage.

What Should I Expect During The Divorce Process In Florida?

In Florida, either spouse can file for divorce. The filing spouse must prove a marriage exists, one spouse has been a Florida resident for six months immediately preceding the filing of the petition for divorce, and the marriage is irretrievably broken. (There is no fault-based divorce in Florida; however, the reason for the irretrievable breakdown may be considered under certain limited circumstances in the determination of alimony, property division, and the development of a parenting plan.) The length of time the divorce process takes depends on the type of divorce, the number of issues that must be resolved, and how busy the court is where the divorce is filed. Generally, you can expect an uncontested divorce to take about four to five weeks, while a contested divorce can take six months or longer. In counties where the courts are very busy, the divorce process can take a year or more. Further, here is some information on How Much Does a Divorce Cost in Florida. A divorce in Florida can be complicated which is why we recommend contacting an experienced Florida divorce lawyer near you.

What Are the Steps and Stages of Filing for Divorce in Florida?

The divorce process in Florida follows a structured series of steps designed to ensure a fair and equitable resolution for both parties involved. Whether you’re considering divorce or are already navigating through one, understanding the procedure can be immensely helpful. Here, we will break down the divorce process in Florida into several key steps, providing you with a comprehensive overview of what to expect as you move through this legal process.

1. Filing for Divorce: The divorce process officially begins with a petition for dissolution of marriage, filed with the circuit court in the county where you and your spouse last lived together or in a county where either of you now resides. The petition sets out what the filing spouse wants from the court and must be served to the other spouse.
2. Service of Process: The other party, known as the respondent, must be formally served with divorce papers to ensure they are aware of the proceedings.
3. Response and Counterpetition: After being served, the other spouse must file an answer within 20 days, addressing the issues in the petition. The other spouse can also file a counter-petition for the dissolution of the marriage, raising any additional issues that the spouse wants the court to address.
4. Discovery: Within 45 days of the service of the initial petition for dissolution of marriage or several days before any temporary hearing, each spouse must provide certain financial documents and a completed financial affidavit to the other spouse. Failure to provide this information can result in the court dismissing the case or not considering that spouse’s requests. A Child Support Guidelines Worksheet must also be filed with the court at or before any hearing on child support.
5. Negotiation and Mediation: For spouses who have already agreed on divorce issues, such as property division, alimony, and a parenting plan, you may enter into a written agreement that is signed by both spouses and then presented to the court. If this agreement is accepted by the court, it can be incorporated into the final judgment for divorce.
6. Court Hearings: If you and your spouse cannot agree on all issues, a final hearing is required. During the hearing, each spouse is given the opportunity to present evidence and testimony to a judge, who then makes the final decision on contested divorce issues.

Contact an Experienced Orlando Family Law Attorney Near You about the Divorce Process In Florida

If you are looking for a Florida divorce lawyer near you, call our nearby Orlando divorce attorneys at (407) 574-6155 for help steering your divorce to a positive conclusion. Filing for divorce in Florida can be highly emotional and stressful for families—adults and children alike. Divorcing spouses often do not know their legal rights and obligations, and court rules must be strictly followed, or you could lose certain rights permanently. Florida court clerks and judges can answer some basic questions about divorce, but they cannot give legal advice. Only a Florida divorce attorney near you can do that, and only an experienced Florida divorce attorney can do it well. At The Law Offices of Sean Smallwood, P.A., we will analyze your unique situation and help you make decisions in your best interests while ensuring you meet all necessary legal requirements during the divorce process.

What Our Clients Have To Say On Google:

“I am so thankful that I had Sean and his team to help me through this difficult process. Their compassion and knowledge really helped to guide me. My opposition was very challenging, which created a lot of strain and stress for me, but Sean and his team were always quick to explain the situation and what our plan of action would be. If it weren’t for their understanding, confidence, and support, I probably would have given up. Not only did they understand the legal process, they understood the mental process as well. Sean and his team picked up on this several times, such as when I was dragging my feet in the beginning because I was still in disbelief that it was all happening. Even with deadlines looming, they did not quit on me. Sage advice was given and they helped me through it. And lets not forget that my divorce basically started at the beginning of the pandemic! I am truly grateful for the help, guidance, and perspective that was provided to me.”

Charles R
January 2021
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