How Does a Florida Divorce Work? A Step-by-Step Guide

# How Does a Florida Divorce Work? A Step-by-Step Guide

Divorce can be an emotionally and legally challenging process, but understanding the steps involved can significantly reduce stress and uncertainty. Every divorce is unique, influenced by factors such as the presence of children, property division, and spousal support. This guide aims to provide a clear overview of the Florida divorce process, from the initial filing to the final hearing.

## Florida Residency Requirement

Under Florida Statute § 61.021, at least one spouse must have been a resident of Florida for at least six months before filing for divorce. To prove residency, you can use documents such as voter registration, a Florida driver's license, or utility bills showing your address in the state. This requirement ensures that the court has jurisdiction over the case.

## Grounds for Divorce

Florida is a no-fault state when it comes to divorce, meaning you do not need to prove fault or wrongdoing by your spouse. The primary ground for divorce under Florida Statute § 61.052 is that the marriage is "irretrievably broken." This means that there is no reasonable likelihood of reconciliation. In rare cases, if one spouse has been mentally incapacitated for at least three years, this can also serve as grounds for divorce.

## Step 1 — Filing the Petition

The first step in the Florida divorce process is filing a Petition for Dissolution of Marriage (Form 12.901(a)). This document outlines your reasons for seeking a divorce and any specific requests you have regarding property division, child custody, and support. The petition must be filed with the circuit court in the county where either spouse resides.

Filing fees vary by county but typically range around $400. If you cannot afford the filing fee, you can apply for a waiver based on financial need. Once the petition is filed, it will be assigned to a judge who will oversee your case.

## Step 2 — Serving Your Spouse

After filing the petition, you must serve your spouse with a copy of the documents. This is done according to Florida Rule of Civil Procedure 1.070. There are several ways to serve your spouse:

- **Acceptance of Service:** If your spouse agrees, they can sign an Acceptance of Service form. - **Process Server:** A process server, who can be a private individual or a sheriff's deputy, can deliver the documents to your spouse. - **Publication:** If you do not know where your spouse is located, you can publish a notice in a local newspaper. This method is less common and requires court approval.

Once served, your spouse has 20 days to respond to the petition by filing an answer or counter-petition. If they fail to respond within this timeframe, the court may proceed with the divorce based on your petition alone.

## Step 3 — Mandatory Disclosures

Under Florida Family Law Rule of Procedure 12.285, both parties are required to exchange financial affidavits and other relevant documents. These disclosures help the court understand the financial situation of each party and make fair decisions regarding property division, alimony, and child support.

The documents you need to gather include:

- **Financial Affidavit:** A sworn statement detailing your income, expenses, assets, and liabilities. - **Tax Returns:** The most recent federal and state tax returns. - **Pay Stubs:** Recent pay stubs showing current earnings. - **Bank Statements:** Statements from all bank accounts for the past three months. - **Debt Information:** Details of any loans, credit card debts, or other financial obligations.

## Step 4 — Parenting Class (if children)

If you have minor children, Florida law requires both parents to complete a court-approved parenting course. This requirement is outlined in Florida Statute § 61.21 and aims to help parents understand the impact of divorce on their children and learn effective co-parenting strategies.

## Step 5 — Negotiation or Mediation

Most Florida courts require couples to attempt mediation before proceeding to a final hearing or trial. Mediation is a process where a neutral third party helps you and your spouse reach an agreement on issues such as property division, child custody, and support. If you can reach a Marital Settlement Agreement during mediation, it will significantly simplify the divorce process.

The benefits of mediation include:

- **Cost Savings:** Mediation is generally less expensive than going to trial. - **Control:** You have more control over the outcome compared to having a judge make decisions for you. - **Privacy:** Mediation sessions are confidential and not part of the public record.

If mediation does not result in an agreement, the case will proceed to the next step.

## Step 6 — Final Hearing or Trial

In uncontested divorces where both parties have reached an agreement on all issues, a final hearing can often be brief. The judge will review the Marital Settlement Agreement and ensure that it is fair and reasonable. If everything is in order, the judge will sign the Final Judgment of Dissolution of Marriage, officially ending your marriage.

For contested divorces where significant issues remain unresolved, a trial before a circuit court judge may be necessary. During the trial, both parties present evidence and arguments to support their positions. The judge will then make decisions on any remaining issues and issue the Final Judgment of Dissolution of Marriage.

## Equitable Distribution

Florida divides marital assets and debts equitably under Florida Statute § 61.075. This does not necessarily mean an equal split; rather, it means a fair distribution based on factors such as the length of the marriage, each party's contribution to the marriage, and any economic circumstances.

**Marital Property:** Assets and debts acquired during the marriage are considered marital property and are subject to division. **Non-Marital Property:** Assets and debts owned by one spouse before the marriage or received as a gift or inheritance are generally not included in the equitable distribution.

## How Long Does It Take?

The duration of a Florida divorce can vary significantly depending on whether it is uncontested or contested. There is a mandatory 20-day waiting period from the date the petition is served to when the final hearing can take place.

- **Uncontested Divorces:** If both parties agree on all issues, the process can be completed in as little as 2 to 6 months. - **Contested Divorces:** When significant disputes arise, the process can take anywhere from 6 months to over two years, depending on the complexity of the case and the court's schedule.

## Call to Action

Navigating the Florida divorce process can be complex and emotionally challenging. Speaking with a knowledgeable Florida family law attorney can provide you with the guidance and support you need. [Schedule a consultation](/book-consult) to discuss your specific situation and explore your options. If you are considering flat-fee representation, [see our flat-fee pricing](/pricing) for more information. You can also [take our qualification quiz](/qualifier) to determine if you qualify for flat-fee services.

This article is for informational purposes only and does not constitute legal advice. For personalized legal assistance, please contact a Florida family law attorney.

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## Ready to Talk to a Florida Family Law Attorney?

If you have questions about your situation, Louis Law Group is available to help. [Schedule a consultation](/book-consult) to speak with a Florida family law attorney. You can also [take our qualification quiz](/qualifier) to see if flat-fee representation may be available for your matter, or [review our pricing](/pricing) first.

*This article is for informational purposes only and does not constitute legal advice. Laws and procedures change; always confirm details with a licensed Florida attorney.*