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

Florida Divorce Process
Preparing the Divorce Papers In Florida

In Florida, divorce is referred to as Dissolution, and the spouse filing for divorce is the petitioner; the other spouse is the respondent.

Dissolutions are filed in the Circuit Court. Each Circuit Court in Florida (which is comprised of one or more counties) may have requirements other than what is listed below, so the party filing the action should always check to find out what additional steps may be required. An experienced family law attorney can also give advice.

The first form to complete when filing for divorce is the Petition for Dissolution of Marriage. The petition lists all issues the court should consider, such as dividing assets and debts, child custody, child support and alimony. The rest of the divorce papers will be filed following the Petition for Dissolution of Marriage, which is the document that officially asks the court for the "divorce".

Read more about Florida divorce forms


Filing the Paperwork with the Florida Court

Filing means the petitioner gives the Petition for Dissolution of Marriage to the clerk’s office of the circuit court for the county. The petition must be notarized before filing; most courthouses have a notary present who does this for a fee. The petitioner gives a copy of the signed and notarized petition to the clerk, along with the filing fee for a dissolution of marriage. The clerk returns a copy with a date stamp and notation showing that it has been filed with the court. The petitioner keeps a copy of the petition and an additional copy to serve on the respondent.

Read more about Florida divorce facts


Serving the Divorce Papers in Florida

The petitioner must serve the respondent a copy of the filed petition for dissolution. Serving the petition means giving a copy to the respondent. There are a number of ways to serve the respondent.

If the respondent agrees, the spouse or the spouse’s attorney accepts service. The spouse or attorney completes a form available in the clerk’s office called an Answer and Waiver of Service. This form must be signed and notarized.

Read more about Florida process service


Disclosing Financial Information

Florida requires the petitioner to present the respondent with a completed and signed financial affidavit within 45 days of the date the petition for dissolution of marriage is served. A blank financial affidavit is available in the circuit court clerk’s office. The types of information and documents include income, assets, debts, tax returns, bank statements, credit card statements, personal financial statements, and any other documentation containing financial information that the respondent or the court should know about before the divorce.

Uncontested vs. Contested Divorce

Florida offers a Simplified Dissolution Procedure, which may be completed in as little as three weeks (depending upon the court’s docket backlog). The simplified procedure is available when there are no minor or dependent children, the wife is not pregnant, the spouses agree on the property and debt division, and both spouses sign the court papers and attend the final court hearing.

The action begins by filing either a Petition for Simplified Dissolution of Marriage or a Petition for Dissolution of Marriage in the Circuit Court. In the simplified procedure, or an uncontested divorce procedure (when there are children), the petitioner, and sometimes the respondent, must attend a court hearing. The judge questions both spouses to be sure each understands and agree to everything, and enters either a Final Judgment Dissolving Marriage Under Simplified Procedure or a Final Judgment Dissolving Marriage.

The parties should be certain that everything is agreed upon, however, before filing for a Simplified Dissolution of Marriage, because he or she surrenders rights he or she otherwise has like cross-examining the respondent, or asking for financial documents. A simplified dissolution of marriage also requires the parties to prepare and sign a settlement agreement that covers property and debt division.

In a contested divorce, the court must deal with the division of the marital estate as well as alimony, child custody and child support

Finalizing the Divorce

When both spouses agree on everything, a Florida divorce becomes final quickly.

If children are present and significant property division issues are part of the divorce, even in uncontested cases the process can take 3 months. If there are no complicated issues to resolve a couple can get divorced in as few as 30 days. Twenty of those days are the minimum amount of time that must pass after the papers are filed with the clerk of the court. After that, it depends on the caseload and scheduling of the individual county court as to how fast the papers are processed.

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.
   
Alimony in Florida can be requested when one spouse needs financial assistance. In order to qualify for alimony, the requesting spouse must prove need and that the paying spouse is financially able to make the payments. Alimony is typically a set amount which is paid monthly for a set period of time or until certain circumstances occur, such as remarriage. Alimony is not as common as one may think. The Florida divorce court can award temporary alimony until the final divorce hearing is held. Then, at the final divorce hearing, the court can order permanent alimony if it is requested and necessary.

FEATURED TOOL - Name Change Notification Kit (easily complete your name change without the headaches)

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"