Divorce Laws in Florida
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in Florida are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in Florida so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Exploring Florida Divorce Laws
Divorce can be an emotionally draining and expensive process.
According to USA Daily, an estimated 1.4 million divorce cases were filed in the USA in 2019, costing a staggering $28 billion dollars.In Florida, the court follows a liberal set of family and divorce laws. This includes no-fault divorce laws to help couples peacefully settle their issues. As of 2019, Florida has the 6th highest divorce rate in the US, with 5.4% per 1,000 population.
Divorce Grounds in Florida
Different states have different divorce grounds. For a divorce to be legally recognized in the court, you need to have a valid ground. Here are some of the legitimate divorce grounds in Florida:
- Mental Incapacity of One of the Parties: If your spouse is mentally unfit and this is affecting your marriage, you can file for divorce in Florida.
- Irretrievable Breakdown: This stands for a marital relationship’s breakdown beyond any prospect of reconciliation.
For more information on divorce grounds in Florida, contact a professional divorce attorney or lawyer.
Florida Divorce Laws: An Overview
Going through a divorce is one of the most difficult processes a person can experience, and navigating the legal complexities of divorce can be incredibly daunting. Thankfully, the state of Florida has established certain laws that provide guidance and structure to those who are seeking a divorce. Read on to learn the basics of Florida divorce laws and how they can affect your situation.
Residency Requirements
Before you can file for divorce in Florida, you must meet certain residency requirements. If the court finds that these requirements have not been met, the case will be dismissed. According to the law, one of the parties to the marriage must have resided in Florida for at least six months prior to filing the petition.
Documents Required to File Divorce
To begin the divorce process, you’ll need to file certain documents with the court. These include a Petition for Dissolution of Marriage and a Final Judgment of Dissolution of Marriage. There may also be other documents depending on your situation, such as a Marital Settlement Agreement, Family Law Financial Affidavit, Affidavit of Corroborating Witness, and a Final Disposition Form.
Distribution of Property
The state of Florida follows an equitable distribution approach when it comes to dividing up marital property in a divorce. This means that the court will attempt to fairly divide the assets and debts between the two parties. If the spouses are able to settle the property and debt issues between them, the court will generally approve the agreement. Otherwise, the court will make its own determination of the property award.
Change of Name or Restoration of Name
If a spouse wishes to change their name after the divorce is finalized, they can file a petition with the court for a name change. The court will review the petition and decide whether the name change is appropriate.
Mediation Counseling
Florida divorce laws provide for mediation counseling, which is a form of counseling designed to help couples settle their differences. If the spouses have minor children, or if one of them denies that the marriage is irretrievably broken, the court may order the attend mediation sessions.
Alimony
The court may award alimony to either party, which can take the form of periodic payments, lump sum payments, or both. The court may consider any adultery that either spouse has committed when determining the amount of alimony.
Child Custody
When children are involved, Florida divorce laws prioritize the best interests of the child. If the spouses cannot come to an agreement about custody, the court will make its own determination.
Child Support
The state of Florida typically uses the Income Shares Model to determine child support payments. This means that the court will consider the incomes of both parents and divide the monthly support amount between them, with the higher-earning parent paying the difference.
If you are considering filing for divorce in Florida, it is important to speak with a qualified divorce attorney or divorce lawyer for more information about the laws that may affect your situation.
Florida Annulment Laws
Marriages can be legally ended in two ways: either through divorce or annulment. Divorce is a court order that legally ends the marriage, while annulment is a court order that declares the marriage never existed. If you’re looking to end your marriage, you may want to consider annulment. In Florida, there are several grounds for annulment. Here’s what you need to know about the Florida annulment laws.
Underage Marriage
Under Florida annulment laws, any marriages involving parties who are underage (under 18 years of age) without the consent of parents or guardians can be annulled. It’s important to note that this is the case even if the underage parties have already been married for several years.
Marriage Under the Influence of Alcohol or Drugs
It’s widely accepted that a person’s mental and physical abilities are impaired when under the influence of drugs or alcohol. This being said, if either you or your spouse were intoxicated when you got married, you can file for annulment under Florida annulment laws.
Physical Disability
If either you or your spouse have a physical disability that is adversely affecting your sexual life, you can both file for an annulment. This is a common ground for annulment under the Florida ann.
Fraud and Duress
If you were cheated or forced into a marriage, you are legally entitled to an annulment in accordance with the Florida annulment laws.
Mental Incapacity
Mental incapacity is also grounds for annulment under the Florida annulment laws. If you are married to a spouse who is insane, partially or completely, you can file for annulment.
Common Questions About Florida Divorce Laws
Ending a marriage can be a stressful and complicated process. To make it a bit easier, here are some of the most frequently asked questions about Florida divorce laws.
How long must I have lived in Florida to be able to divorce my spouse?
Under Florida divorce law, you must be a resident of Florida for at least either 6 months or 180 days (whichever is longer) at the time of filing of divorce.
Can I file for divorce if my spouse lives in another State?
Yes, you can still file for divorce even if your spouse doesn’t reside in the same state. However, there will be complications due to this. For one, the spouse you are filing a divorce against doesn’t reside in the same state which causes an added expense. Secondly, under the Florida divorce law you must serve divorce papers to your spouse. This adds more time to the divorce process.
How long will it take for me to be rid of my spouse?
That really depends on your spouse and what issues need to be settled by the court. Simple cases can take a few months, but the more complex divorce cases can take longer. It’s impossible to give an exact timeline without knowing the specifics of your case.
What is the filing fee for divorce in the State of Florida?
The filing fee is dependent on the county of Florida that you have residence of.
How do divorce attorneys in the State of Florida charge their clients?
Florida divorce lawyers usually charge their clients on a per hour basis.
How much will I have to pay for hiring the services of a Florida divorce lawyer?
That really depends on the per hour rate that you are able to settle with the Florida divorce lawyer and the time it takes for the divorce to be granted. You could negotiate a fair set fee as well if you have exceptional negotiating skills.
If I represent myself in court, will I save money?
It’s possible, but it’s not recommended. Representing yourself in court can be a daunting and difficult task, as the court process can be complex and time-consuming. Without proper legal representation, you could end up with an unreasonable divorce settlement that will burden you for many years to come.
My spouse and I are short on money, can we both share the same Florida divorce lawyer in court?
No, you can’t share the same Florida divorce lawyer in court and must be separately represented in court. The same Florida divorce lawyer can prepare your divorce papers.
Are common laws legally recognized in Florida?
No, the State of Florida doesn’t legally recognize common laws.
Is Florida a No-Fault State?
Yes, Florida is a no fault State. In the State of Florida you only need to file a petition claiming that the marriage has been irretrievably broken.