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.

FAQs About Divorcing in the State of Florida

2.    On what grounds can I file for divorce?
Florida, has removed fault as a requirement for divorce and only requires that the marriage has failed and is not salvageable or if either party in the marriage has been mentally incapacitated for three or more years.

3.    Where in Florida can the divorce take place?
In Florida, a divorce may take place in one of two places:
•    The county where both parties lived together before separating
•    The county where the person not filing is currently living.

4.    Who can file for divorce?
In the state of Florida, either party in a marriage can file for divorce.

5.    How many ways can I get a divorce in Florida?
In Florida there are two types of divorce:
•    Regular dissolution of marriage
•    Simplified dissolution of marriage.

6.    Which type of divorce is appropriate for my situation?
If you and your spouse agree on how to divide your assets and debt, neither of you is seeking support, and you have no minor children and are not expecting any children, then you can file for simplified dissolution. If you disagree about any of the divorce terms, have minor children, or are expecting children, then you must file for regular dissolution.

7.    What are the differences between the two types?
Regular dissolution usually requires the services of an experienced attorney so that any paternity questions, custody, and visitation rights issues can be resolved.  Your attorney also works to secure any child or spousal support, and issues about the division of property, assets, and debts.  It typically takes longer.
Simplified dissolution is an accelerated divorce, which does not necessarily require the services of an attorney, because both parties already agree on the terms.  As a result, it takes considerably less time.

8.    How long does each type take before it is completed?
Regular dissolution of marriage typically takes longer than simplified dissolution, because both parties have to come to an agreement before the divorce is finalized.  It may take a few months or it may take years.  A simplified dissolution, where both parties already agree on the terms, usually takes less time, possibly even a month or less.

9.    What are the requirements for simplified dissolution of marriage?
In Florida, the requirements for getting an accelerated divorce state that
•    The couple may have no minor children and may not be expecting children
•    The division of all marital property, assets, and debts is agreed upon by both parties
•    The reason for the divorce is not mental incapacitation.
You will need a marital separation agreement and you will have to go to a hearing.

10.    Which type of divorce is most common?
Regular dissolution of marriage is the most common type of divorce because the couple is often not in complete agreement about the terms and often has minor dependent children.

11.    What is equitable distribution?
Equitable distribution means that property will be divided fairly between you and your spouse—taking into consideration many different factors about your situation.  Depending on those factors, there is no guarantee that everything will be divided 50/50.

12.    If I get a divorce, will I be given custody of my children?
In Florida, both parents can apply for custody of the children.  During the divorce, the court will consider what is in the child's best interest.  Most commonly, joint custody is awarded to both parents and they are able to share the responsibility of raising the child.  If, however, joint custody would be harmful for the child, then the court will find a different arrangement.

13.    What factors will the court consider regarding custody of my children?
The court looks at many different factors, such as
•    How emotionally bonded the parents are to the children
•    The parents' ability to look after and suitably take care of the children
•    The mental and physical health of both the parents and the children
•    The willingness and ability of each parent to raise the children
•    The willingness and ability of each parent to cooperate and work together with the other parent despite the separation, and the potential homes for the children.