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Filing for Divorce in Florida
The First Step to Beginning the Process of Divorce is to File a Petition for Dissolution of Marriage
If you are the party who initiates the Divorce or Dissolution of Marriage process, you are the Petitioner. If you have been served with divorce papers, you are called the Respondent.
You may obtain a divorce in Florida if you have established residency in Florida. Generally, you may file for divorce in the county in which you reside in, or the county in which the marital home or other marital real property is located.
After the Filing of a Petition for Dissolution of Marriage is Filed in Florida Court
After receiving service of the petition for dissolution of marriage, the respondent has twenty (20) days to file an Answer to the Petition for Dissolution of Marriage.
If no Answer to a Petition for Dissolution of Marriage is filed, the Court may enter a default against the respondent.
After Answering a Petition for Dissolution of Marriage
After an Answer is filed by the Respondent, both spouses are required by law to exchange certain documents and information which are used to prepare for trial and to assist the court in judging certain aspects of the case, including parental responsibility and time-sharing, child support, alimony and equitable division of marital assets and liabilities.
Attendance and completion of a parenting class is required of both parties in a family law case involving minor or dependent children.
Once all required documents and papers have been filed, the case is ready to be set for trial. A trial may last anywhere from a few hours to a few weeks depending upon the amount of evidence that is presented and the complexity of the issues involved.
What is Required to Get a Florida Divorce?
Getting a Florida Divorce
Generally, evidence that the marriage is 'irretrievably broken', and that one or both of you has been a resident of Florida prior to the filing of a divorce.
- One or both of you are Florida residents. more on Florida Residency
- Testimony by one of the parties to a divorce that the marriage is 'irretrievably broken'.
In most cases, the filing party will testify that the marriage is broken and cannot be put back together. proof of Florida residency can usually be proven by producing a Florida Driver License. Florida family law does not require a proof of fault to obtain a divorce.
Because Florida is a no-fault state, it is not necessary for you to prove that your spouse did anything wrong in order for you to obtain a divorce or dissolution of marriage. In fact, courts are authorized to grant a divorce even if the other spouse does not want or does not consent to the divorce. A divorce will be granted with proof of residency and testimony that the marriage is broken.
The party filing for divorce must attend a short final hearing in court.
Understanding Attorney Fees