Divorce, or dissolution of marriage as it is now termed in Florida, is a serious legal step, even in the best of circumstances, when both parties agree on everything that must be decided before a divorce is granted.
Divorce, or dissolution of marriage as it is now termed in Florida, is a serious legal step, even in the best of circumstances, when both parties agree on everything that must be decided before a divorce is granted. There are a number of guidelines and rules that must be followed before seeking a Florida divorce, and the details of these can be found online in Florida Statutes on Dissolution of Marriage Chapter 61. An overview of requirements is:
- You or your spouse must have a Florida resident address for at least six months prior to a divorce filing.
- Check with the county of residence clerk of court’s office of either party to make sure you understand what will be expected of you to obtain a Florida dissolution of marriage.
- Determine if you want and can qualify for a simple divorce or a contested divorce. To qualify for a simple divorce, both parties must agree on all issues, including alimony and equitable distribution of assets and liabilities. (Florida is an equitable distribution state, not an equal distribution state. Equitable means fair, equal means in half.) For a simple or non-contested divorce, there must be no minor children (children from birth to age l8 unless there are special circumstances where a child is mentally or physically unable to care for and support themself), and no real property is owned as a marital asset.
- An in-depth financial disclosure will be required of each party, so divorce preparation should include the gathering of proof of ownership of items, bank statements, investments, deeds, debts, and proof of nonmarital assets and debts. (Nonmarital assets and debts are those obtained before the marriage that fit the legal requirements for nonmarital.)
- Decide if you will use the professional services of an attorney, which is advised even for a simple divorce. Should you decide you will use an attorney, there are several considerations when choosing the best one for your particular needs. You will want to check with family and friends and review the websites of several attorneys specializing in Marital and Family Law in your area. Pick at least three and schedule an initial consultation (many attorneys offer a free initial consultation) where you can discuss your needs, ask general questions, find out about fees, and asses the personality of the attorney. It is important to feel the attorney representing you cares about you as a person and will do their best to obtain a good outcome for you.
- After you have decided on an attorney, you can begin the divorce process. Your attorney will give you their opinion of what you need to do to prepare, how to determine marital and nonmarital assets and liabilities, and what proofs will be required.
- If you have minor children, birth or adopted from the union, before a divorce is granted, you will be required to take a course on minor children and divorce approved by Florida Family Court.
- Determine what living arrangements each party will use during the divorce proceedings. Some parties live in separate parts of the home, while most live apart.
- Determine how living expenses will be divided during the divorce proceedings, or the court may have to do it for you.
- If you decide on a contested divorce, it is wise to determine how you can compromise and agree on issues such as alimony, equitable distribution, child support, and parenting plans, as most jurisdictions in Florida require mediation before a court date is set. If you can come to terms during mediation and form and sign a marital agreement, you will have control over your divorce decisions, save a lot of money, obtain a divorce much quicker (Family courts in Florida are backed up for at least six months and often longer), and keep your divorce proceedings out of the public’s available scrutiny.
As you can see, preparing for a divorce in Florida takes time and consideration. However, if you follow the steps, you will find the Florida divorce process will, in most cases, run smoothly, especially if you have a competent Marital and Family Law attorney.
