Florida Info

Florida Divorce Start Your Divorce Find Professionals Florida Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Florida Products Divorce by County

Florida Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Florida Divorce Support Florida Divorce Online

Divorce (Dissolution) In Florida

In Florida, a divorce is called a dissolution. Florida is a no-fault state, requiring only that the parties show that their marriage is irretrievably broken. There is no legal separation in Florida. Florida also does not recognize common law marriage.

In order to obtain a dissolution in Florida, as in other states, there must be jurisdiction over the parties to hear the matter. Jurisdiction means that the court has the power to hear and make binding decisions concerning the issues. For example, while it is possible to obtain a divorce against a spouse located in another state, without that spouses consent or jurisdiction over property located in the other state, the court cannot make a decision concerning that property. Likewise, if the parties do not file the required Financial Affidavits, the court may have the power to dissolve the marriage, but will not be able to make a binding decision concerning the property.

If a spouse living in Florida does not know where the other spouse lives and cannot locate the spouse after using reasonable diligence, the spouse may obtain a divorce by publication whereby the fact of the divorce is listed in a publication for a required number of weeks in an attempt to give notice to the other spouse. If the other spouse does not respond or even obtain the notice, the dissolution can be obtained without that spouses consent or even knowledge.

To file for dissolution, one of the parties will file a petition for dissolution, which gives the other party twenty days to answer the petition. The petition will list the jurisdictional requirements, one of which is that the filing party has lived in Florida for over six months. With the petition, the party will include a financial affidavit listing all assets and liabilities. If the party earns over $50,000 per year, a more detailed disclosure of assets and liabilities is required. A Notice of Social Security Number and, at times, a Non-Military affidavit will be required.

If there are minor children of the marriage, a Uniform Child Custody Jurisdiction Act Affidavit must be filed.

If the parties can agree to a settlement of the issues surrounding the dissolution, whether on their own, through negotiation between the attorneys, or through court ordered mediation or arbitration, they will create a binding Settlement Agreement. This Agreement will list all of the assets to which each party is entitled, as well as child custody and other issues.

Florida is not a community property state. It is an equitable distribution state meaning that the court will decide property issues based on what is fair. While the court will start with the presumption that the assets should be split equally, one of the parties may prove that they are entitled to certain assets alone or that they are entitled to special equity in a particular asset or assets, such as where one spouse owned an investment property before the marriage, kept it in his or her own name during the marriage, and paid for the maintenance of the property with his or her own funds.

If the parties are unable to agree on a settlement of outstanding issues, the case can go to trial, though the Florida courts disfavor this and have a policy preferring settlement without excessive judicial intervention.


Was this helpful? Like our site & let us know.

Related Articles


Start Florida Divorce Start Your Florida Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Florida Divorce Find Florida Divorce Professionals in Your Area:
Join the Network
Florida Divorce Products, Services and Solutions Florida Divorce Products, Services and Solutions
Florida Divorce Resources to Help You Through the Process.
Online Parenting Class Florida Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Florida Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Florida Divorce

 

Settle Your Divorce Negotiate Your Florida Divorce

 

Support Forum Florida Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - 3StepAgreementTM (an affordable solution for preparing your own Separation Agreement)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"