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  • Home
  • Divorce and Family
    • Divorce
    • Initial Intake Form
    • Questionnaire
    • Alimony
    • Minor Children
    • Child Support
    • Family Resources
  • Mediation Services
    • Mediation
    • Mediation Schedule
    • Divorce Family Mediator
    • Mediation Rates
    • Online Remote Mediation
    • Benefits of Mediation
    • Mediation Process
    • Prepare For Mediation
  • Evictions
    • Evictions
    • Eviction Start
    • Eviction Process
    • Eviction Notices
    • Eviction Cost
    • Landlord Resources
    • FAQ
  • Contact Us
    • Free Consultation Request
    • E-mail Us
    • Payment
  • About Us
  • Clients
    • MyCase Client Portal
    • New Client Start Here

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 for at least 6 months prior to the filing of a divorce is all that is required to obtain a divorce in Florida.

 

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.

Florida Divorce Law

Chapter 61 of the Florida Statutes governs dissolution of marriage cases.


To get a Florida divorce:

  1. You or your spouse must have been a Florida resident for at least 6 months prior to the filing of a petition.
  2. There must be testimony that the marriage is irretrievably broken.

Is Your Divorce Fully Agreed

Filing for Divorce in Florida

The Process Begins with the Filing of a Petition for Dissolution of Marriage

The party who initiates the divorce legal process is called the Petitioner, and is the party who files a petition for 'dissolution of marriage'. The petition must then be personally served by a Florida certified processor with a copy of the petition and summons and any other relevant court documents.


 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.

Answering Divorce Papers in Florida

The Respondent Must Answer the Divorce Papers

The party who is served with divorce papers in Florida is called the Respondent, and is required to file a response to the petition for dissolution of marriage within 20 days from the date the divorce papers were served.


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.

Have You Been Served With Divorce Papers?

Find out more

Florida Divorce and Family Attorney

Tampa Divorce and Family Attorney Chris Fiori

I understand that going  through a divorce can be one of the most challenging experiences of a person's life. I am dedicated and committed to providing compassionate tailored to your unique situation.


Reaching a decision to end a marriage and to get a divorce can be a painstaking decision that can sometimes take a long time to reach. Usually, much thought has been given to the decision to get divorced, and all alternatives have been exhausted.  Unfortunately, in some cases, communication has broken down by the time divorce is considered or discussed.


Since 2010, Tampa divorce and family attorney Christophe Fiori has gained vast courtroom experience assisting men and women through the family law process of a divorce, paternity, domestic violence injunction case as smoothly as possible with compassionate, yet aggressive 

legal representation. 


I employ a client based approach, which means that I will spend the time to thoroughly understand the facts in your case to provide you with comprehensive and realistic legal evaluation.  Either through court action or mediation, my goal is to protect your interests while guiding you through every step of the legal process.


Call me for a free case evaluation to discuss your case in a confidential and professional setting.  (813) 333-1660 or Request a free Consultation

Family and Marital Law

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607-A W Martin Luther King Jr Blvd Tampa, Florida 33603 (813) 333-1660- All Rights Reserved.

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