Divorce in Florida

What You Need to File for Divorce in Florida

A divorce in Florida may be commenced in either the county where the non-filing party lives or the county where the parties last lived jointly prior to separation. Either spouse can file for divorce in Florida. State divorce laws require that one of the two parties must have resided in the state for at least six months prior to filing for divorce in Florida. In addition, Florida – as with most states - has eliminated fault as grounds for divorce and now requires only "the irretrievable breakdown of the marriage" or "mental incapacity for three years of either party."

Regular Dissolution of Marriage

There are two ways to get a divorce in Florida. The most common is called Regular Dissolution of Marriage, which typically requires representation by an experienced attorney. This type of case is required when you and your spouse have a dependent minor child together, or if the wife is pregnant, or if one spouse is not in agreement with the decision to divorce. Issues regarding paternity, custody, visitation, spousal support, and child support must be resolved prior to the dissolution being granted. In today’s day and age, regular dissolutions are the most common because terms must be agreed to about children, and the spouses are often not in agreement about how to divide property, assets, and debts.

Simplified Dissolution of Marriage

This second type of dissolution occurs when the spouses agree that the marriage cannot be saved, there are no minor children and the wife is not pregnant, the spouses agree about the division of property and debts, neither spouse is seeking support, and each spouse agrees to the procedure for simplified dissolution. The parties can follow a procedure for an accelerated divorce in Florida if A) they do not have any minor children and if no children are expected, B) Marital property and debts have been divided by agreement of the parties, and C) If the grounds for divorce is irretrievable breakdown of the marriage. For an accelerated divorce, you need a marital separation agreement, and a hearing is required. The process can take as little as 30 days.

Dividing Your Marital Property

Florida marital property is subject to "equitable distribution,” meaning the property will be divided equitably between the parties. This will take into consideration many things and will not necessarily mean that everything is divided 50/50.

Divorce in Florida

In the state of Florida, both parents are entitled to custody so that children have contact with both parents and so that both parents share the rights and responsibilities of raising their children. The court considers what is in the best interest of the child, and typically orders that parenting is shared, unless that arrangement would be detrimental to the child.

In making a decision about child custody, the judge will look at many factors such as the emotional bond between the parents and the children, the ability of the parents to provide for the children, the health (mental and physical) of the parents and the children, each parent’s desire and ability to parent and to communicate with the other parent, and the each potential custodial home.

For Divorce in Florida, Contact Appel Law Group Today

If you and/or your spouse have decided to end your marriage, contact Appel Law Group for the support and legal expertise you need to move forward. Our firm will work to ensure that you receive the best outcome, that your interests are protected, and that all aspects of your marriage are addressed and properly negotiated.