Florida Divorce FAQ

The first step in most divorces is to file a “Petition for Dissolution of Marriage.” This petition will include all of your proposals for how child custody, asset allocation, debt allocation, and other issues will be handled. Generally it’s best to have an attorney draw up this paperwork, since even a small mistake can have big consequences.

A process server will deliver these papers to your spouse. Your spouse will have a certain amount of time to answer the petition—that is, to either agree with everything you’ve proposed and sign it, or to propose a different plan for major issues relating to the divorce. Note that the divorce is a “contested divorce” if you can’t come to an agreement on these major issues—it’s not “uncontested” simply because both of you want a divorce.

There’s no legal requirement to get an attorney. However, it’s a really, really good idea. Florida family law is complex, and there are a lot of ways you can misstep. Your divorce can have lasting, lifelong consequences, especially financial consequences. It pays to have a strong, knowledgeable advocate on your side.

Ahh, the $64,000 question! If your divorce is uncontested it can be done in as little as 30-45 days. However, a contested divorce can take six to twenty-four months. Much will depend on how much you’re contesting, whether or not you’re able to successfully mediate your case, what’s on the court’s schedule and whether or not you and your spouse have reasonable expectations about what the divorce will accomplish.

As for how much it costs, this depends on how long it takes. The clerk of court’s filing fees are about $420.00. Your attorney’s fees are variable, depending upon how many hours we must bill to help you resolve the matter.

For the most part, a divorce is a bit like dissolving a business partnership. It’s less about getting justice for wrongs committed and more about making the dissolution as equitable for both parties as possible. As a result you’re unlikely to get “everything” just because the other spouse seems to be at fault. However, the judge may take the fault into account when determining what is equitable. There’s no definite formula we can give you or use, however, to give you concrete information on how big an impact cheating (or any other complaint) may have on the ultimate disposition of the divorce.

You should also be careful when you start trying to decide whether or not you’re going to bring “fault” into it. Your spouse may well have a few things to say about your own behavior, too. Such a strategy can backfire quickly, and can cost you a great deal as it results in a long, drawn out process colored as much by defensiveness and high emotion as by the legal process.

This is a fairly common situation, and there’s a process that must be followed.

Step one is to conduct a “good faith search.” This means doing a bit of detective work—contacting family members, friends, employers, former employers, and the Department of Motor Vehicles.

If your good faith search doesn’t turn up anything you can move on to the second step: publishing a notice in an appropriate newspaper for a certain period of time. This is service-by-notice, and allows the court to proceed.

It’s important not to do this on your own. If you can’t provide sufficient evidence that you’ve truly searched for your spouse in good faith, for example, then it will be difficult to get the courts to accept your service by publication. Obtaining an attorney’s help can make this process a lot smoother.

No—not even if you feel the divorce is an amiable affair. This would represent a conflict of interests.

You and your spouse can share a mediator, but you can’t share an attorney. You’ll both need one. A mediator is a trained, neutral third party who can advise you both on what would be a reasonable settlement. It’s still a good idea to have your own attorney take a look at the proposed settlement before you sign anything.

The first step is to seek an injunction for protection. This is a temporary measure to keep you safe while you pursue your divorce.

Next, work closely with your attorney—you’re not out of the woods yet. The court will try to determine if there’s been a history of domestic violence. This finding will impact child support, child custody, and visitation issues, as well as the physical and mental safety of you and your children. Get an attorney and follow all of your attorney’s advice as closely as possible.

You need an attorney who will ensure your legal rights are protected. The law affords protection to both parties, but there is a danger you could be denied access to your children in the future. Contact an attorney right away.

Divorcing parties tend to make their biggest mistakes by taking premature action. Some examples include putting the house on the market, cleaning out the family bank account, hiding retirement fund assets, or moving in with the new boyfriend or girlfriend. It’s best to restrict your activities, as much as possible, to handling the family business normally. Let the courts decide how these assets will be divided and administered after the divorce is done.

It’s a mandatory course for divorcing parents. Both parties have to complete the course before the final dissolution of marriage judgment. It doesn’t have to be inconvenient—many parents just take the course online. Look for a course approved by the Florida Department of Children and Families—that is the only course which will satisfy court requirements.

Either party in the divorce could get alimony. Some types of alimony are meant to get a spouse back on his or her feet—for example, if a spouse has been at home with the children for 10 years then he or she is going to need education, training, and work experience in order to be capable of supporting himself or herself. Others are for long periods of time and perhaps even permanent. The duration of the marriage, the standard of living during the marriage, the financial resources of each party, the age of each party, and other factors are used when determining whether alimony will be paid, for how long and how much. Speak to your attorney to determine whether or not alimony is likely to be an issue during your divorce.

The court uses a standard of equitable division of marital property. Note: equitable division does not necessarily mean equal division. That is, you may not see a 50/50 split if you and your spouse can’t reach an agreement on your own. The judge will look at all the facts to determine how these assets and debts should be handled. An attorney’s help is the best way to ensure you get a settlement you can live with.

Upon filing a divorce both spouses are typically subject to this order. It prevents you or your spouse from disposing of any asset or taking on any new debts. You will also be required to take care of the assets and debts you already have. You may spend your income to continue to pay your rent or mortgage, buy groceries, and pay other normal family bills, but avoid any big purchases unless you consult your attorney first—you will be asked to justify every dime you spend.