Considering a divorce can be overwhelming, but understanding the process and timeline of the steps involved is essential to navigate this challenging time with greater ease. As legal advocates for our clients, the attorneys at Golden Key Law Group understand how stressful this time can be and are here to provide the information you need regarding the steps to getting a divorce in Florida.
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Types of Divorce in Florida
In Florida, a divorce is called a “dissolution of marriage.” There are two types of dissolution of marriage in Florida:
- Simplified Dissolution of Marriage: for spouses who do not have children, agree on the division of property/assets, are not seeking alimony, and are not pregnant.
- Regular Dissolution of Marriage: for spouses who fall under all other circumstances, including a contested divorce over property/assets, legal matters, and responsibilities for children.
Although each situation is different, the overall divorce process in Florida has specific requirements and steps. By understanding these steps, you can become aware of the necessary actions and timeline.
Understanding Florida Divorce Laws
Understanding Florida divorce laws is essential for anyone navigating the dissolution of a marriage in the state. Florida follows a no-fault divorce policy, meaning neither party must prove wrongdoing to file for divorce—irreconcilable differences are sufficient grounds.
Knowing the legal framework, including how assets and liabilities are divided, can help ensure a smoother process and avoid unnecessary complications.
How to Get A Divorce In Florida: 7 Steps to the Process
Divorce is an overwhelming and emotional experience, which is why it’s essential to have a plan in place for how to file for divorce in Florida. Here are the steps to get a divorce (dissolution of marriage) in Florida:
Step 1: Filing the Petition
The first step in getting a divorce is filing the petition. In a dissolution of marriage, the person filing for the divorce is called the “petitioner.” The petition is filed in the circuit court and must state that the marriage is “irretrievably broken.” The court filing will be in the county where both spouses last lived together or where the Petitioner currently lives.
Additionally, when filing the petition for dissolution of marriage, the petitioner must also submit additional legal documents required by the court. These documents can include financial affidavits, property distribution proposals, and, if applicable, child custody plans.
Step 2: Answering the Petition
After the original petition is filed, the next step in the divorce process requires the respondent—the individual served with the petition—to prepare and submit a formal response to the petition for the dissolution of marriage. The respondent has twenty days from when the papers are served to respond. The answer, which often includes a counter-petition, will consist of what the other spouse agrees with or denies in the petition and can have additional matters to present to the court. If the respondent’s answer includes a counter-petition, the petitioner must file a response within twenty days.
Additionally, during this step in the divorce process in Florida after the original filing, either party may ask for protective orders, restraining orders, and/or temporary orders regarding child custody, child support, and spousal support.
Moreover, the respondent can assert affirmative defenses in crafting their answer to the divorce petition. These defenses could include arguments like condonation (forgiveness of a fault leading to the divorce), collusion (an agreement between the spouses to simulate grounds for divorce), or provocation by the petitioner.
As the client’s legal advocate, a divorce attorney works to ensure the client’s interests are appropriately communicated during this time and throughout the divorce process in Florida.
Step 3: Gathering Additional Information
The discovery process includes a range of actions. This is one of the most crucial steps in the divorce process and where a divorce attorney can gather additional key information for the outcome of the divorce. One party in a divorce often tries not to disclose all of their assets to the other party. With a divorce attorney, you will have a legal expert who is very knowledgeable about the discovery process to ensure the courts have the comprehensive information they need to render an appropriate decision for the allocation of alimony and distribution of property and other assets.
In addition to a financial affidavit, which must be filed within 45 days of the petition being served, each party must provide mandatory disclosures. Mandatory disclosures include the following documents:
- Income tax returns
- Proof of income
- Credit card statements
- Bank account statements
- Retirement account statements
- Other account statements that reflect debt
The discovery process also extensively utilizes interrogatories and depositions as powerful tools for gathering detailed information. Interrogatories are written questions that the other party must answer under oath. These questions are designed to uncover financial details and relevant information regarding disputes over child custody, alimony, and other pertinent issues. On the other hand, depositions involve the oral questioning of the parties involved and witnesses in the presence of a court reporter.
Step 4: Mediation: Negotiating the Terms of the Divorce
Throughout Florida, divorce mediation is required under the law if an agreement has not yet been reached or there are unresolved issues with the petition for the dissolution of marriage. If you are a victim of domestic violence, mediation may not be required.
This process provides a confidential setting where parties can explore options for resolving their disputes with the help of a neutral third-party mediator.
A divorce attorney represents your rights and opinions regarding alimony, the division of property, and any other relevant areas of the negotiations.
Step 5: Agreeing on a Parenting Plan
Deciding on a parenting plan is one of the final steps in a divorce involving children. The plan will include multiple areas concerning the child (or children,) including each parent’s involvement in raising the children, a schedule for time-sharing, how the communication with the children will be handled, and which parent will be in charge of filling out essential forms for school, health care, and other related forms such as enrollments in sports teams, camps, etc. Establishing a Parenting Plan and timesharing schedule is also crucial in determining child support.
Experts recommend incorporating flexibility into the parenting plan to accommodate children’s evolving needs as they grow. This could involve periodic reviews and adjustments to the time-sharing schedule, educational decisions, and extracurricular activities.
Step 6: Going to Trial
If the two parties cannot reach an agreement on the financial aspects of the divorce and issues regarding the children, the proceedings will need to go to trial. This will be in front of a judge, not a jury.
At the trial, your divorce attorney will advocate for your rights and interests before the judge. This includes, when appropriate, presenting evidence and testimony and cross-examining any witnesses that take the stand. Once the trial has concluded, the judge will make a final decision on any issues that were not settled during negotiations.
If you feel that the judge’s final decision is unfair, you can file an appeal to request a new hearing.
In cases that proceed to trial, the strategic use of expert witnesses can be pivotal in influencing the judge’s decisions on complex issues, such as the valuation of marital assets, determining a spouse’s earning capacity, and assessing children’s needs for custody purposes.
Step 7: Finalizing the Divorce
Once both parties have negotiated and agreed upon all of the parameters of the dissolution of marriage (or mandated by the court), the final step in a divorce is when the judge signs the “order of dissolution,” also called the Final Judgment. If negotiations were successful without going to trial, it is typical in the steps to getting a divorce in Florida for the lawyer of the party who filed the petition for the divorce to draft the judgment for both parties to sign.
Additionally, this may be the time to address any necessary steps to comply with the order, such as transferring titles, closing joint accounts, or initiating alimony and child support payments.
Understanding the steps to get a divorce in Florida can help ease some of the stress and uncertainty of this challenging process. With the guidance of an experienced divorce attorney, you can confidently navigate each stage and ensure your rights are protected throughout the process.
Golden Key Law Group Fights Hard for You
At Golden Key Law Group, we are passionate about helping our clients through challenging, stressful times. We work aggressively to ensure your voice is heard throughout each step of the divorce process and fight hard for an equitable outcome.
We understand the difficulties of divorce and ensure excellence in our services throughout the process, giving our clients the confidence they need.
Contact Golden Key Law Group today for a consultation with a divorce attorney in Pinellas Park, FL.
FAQs
The timeline for a divorce in Florida can vary depending on the case’s complexity and whether or not both parties agree on all aspects. Generally, an uncontested divorce where both parties agree can take 6 to 8 weeks to finalize. However, the process can take longer if unresolved issues require mediation or a trial.
Yes, it is possible to get a divorce in Florida without going to court if both parties agree on all aspects, and the case can be resolved through negotiations or mediation. However, if there are unresolved issues, the case may need to go to trial, which requires appearing before a judge.
The first step to getting a divorce in Florida is filing a petition for dissolution of marriage with the court. This officially starts the divorce process, and from there, both parties will need to negotiate and settle on all aspects of the divorce before it can be finalized. Establishing a parenting plan and determining child support will also be critical in the initial steps if children are involved. It is recommended to seek guidance from an experienced divorce attorney during this process.
The cost of a divorce in Florida can vary depending on the case’s complexity and whether or not it goes to trial. It can range from $500 to $15,000 or more. It is always best to consult with a divorce attorney to understand the potential costs of your specific case. Additionally, additional fees may be associated with filing for and finalizing the divorce.
