Getting a divorce in Florida is not as simple as a process as getting the marriage certificate in the first place. Florida requires divorcing parties to file in court wherein the entire process is overseen by a Judge.

A party seeking to dissolve the marriage must petition the court for a divorce and include the reason such divorce is being sought. Florida is a no-fault state, meaning that no fault of a party must be alleged.

The petition must still allege one of two grounds for seeking the divorce: irretrievable breakdown of the marriage or mental incapacity of one of the parties.

Key Steps in the Florida Divorce Process

The most common ground alleged is an irretrievable breakdown which essentially claims that the marriage is over and there is no way to repair it. While not as common, the mental incapacity of one of the parties is exactly as it sounds.

However, in order to allege such ground, the party must have been declared legally incapacitated for a period of at least three years.

If you are married to an incapacitated person, this may be the only ground available as Judges will not grant a “no-fault” divorce unless all parties are mentally competent.

Requirements for Divorce

In order to petition for a divorce in Florida, the petitioning party – the party filing for the divorce – must have lived in the state of Florida for at least six months.

Once you have decided on the grounds and meet the residential requirements, the next step is to file a petition with the Court. While a party can file without the assistance of an attorney, it is generally ill-advised. An attorney can ensure that your best interests are protected.

In fact, even if you and your spouse are on good terms and agree on all matters, an attorney should, at the least, review a proposed settlement to ensure nothing is left out and all terms are understood.

Process For Getting Divorced

Petition: The first step for getting a divorce in Florida is the Petition. The party seeking to have a divorce files a petition for divorce in the county circuit court in which they reside or the party filing resides. The petition must allege the grounds for the divorce and state all the relief that is being sought, such as alimony.

The petition must then be served on the other party by a neutral third party.

Answer: Once the petition is served, the opposing party, called the Respondent, will have 20 days to file an answer to the petition. This is the Respondent’s opportunity to tell the court what parts of the petition are true, denied, and lack knowledge of.

Oftentimes, the respondent will file a counter-petition alleging additional matters or relief sought. The petitioner would then have 20 days to file an answer to the counter-petition.

Additional Required Documents: Any party seeking a divorce, must file a financial affidavit within 45 days of service of the Petition. This document must be filed by both parties. It informs the court of all assets the party owns and payments/debts the party owes.

Divorce In Florida With Child

If there are minor children, from the divorcing spouses, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit must also be filed with the court. There is no exception to this requirement.

A child support guideline worksheet must also be filed with the court prior to any hearing.

Discovery: The next step in the process is called discovery. In Florida, there is a list of items that must be disclosed to the other party called mandatory discovery. This includes items such as proof of income, and statements showing debt.

This includes credit card statements and retirement accounts. Each party may request from the opposing party any additional documents. They must be a relevant called request for production. They may also ask the other side questions called interrogatories.

Division of Assets: Florida’s Equitable Distribution Rules

Parenting plan: Whenever there are minor children involved, the court must approve a parenting plan. This plan will either be entered by the Court or upon a mutually agreed-upon plan.

There are many factors that a court must consider with establishing a parenting plan. Generally, the Judge will try to ensure that both parties have regular, ongoing contact with the children.

This is especially true given that Florida Law encourages both parents to “share the rights and responsibilities, and joys, of childrearing.” Florida Statute § 61.13(2)(c)(1).

Divorce Mediation

Mediation: Once discovery is completed, either party may request mediation. Mediation is not required in all cases. On a county-by-county, case-by-case basis, most courts will refer the case to mediation. This is done before it hears the case.

A mediator is a third party. They have special training to assist divorcing couples in resolving any outstanding disputes to reach an agreed-upon settlement.

The mediation session takes between two and six hours. It depends primarily on the issues involved and the agreeability of the parties involved.

Trial: A final hearing will occur if all matters were not agreed upon at mediation, or at any other point with a settlement agreement. If some items were settled, but not all of the issues, it is best to sign a settlement agreement. Then file it with the court.

This will limit the number of items heard by the judge at the final hearing. A settlement agreement will need to be signed by both parties and notarized. As noted above, if there are minor children involved, a child support guidelines worksheet must be filed before any hearing.

Divorce In Florida Rules

During the trial, the judge will hear the arguments and evidence presented from both sides. Each party will have the ability to present evidence, including any testimony. If testimonial evidence is introduced, the other party will have the ability to cross-examine the witness. This is even if it is the party themselves testifying.

The judge will make a decision on all outstanding items. They will enter a final judgment of dissolution after the hearing is completed.

Laws in Florida can be complex, so reach out to an attorney.

If you have questions about the divorce, it is important for you to consult an experienced family law attorney. This will ensure that all legal requirements are met as well as ensuring that all your interests are protected.

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