Family Law Attorney

Are there Different Types of Divorce in Florida? Certainly, In the state of Florida, there are various types of divorce that individuals can pursue.

1. Simplified Dissolution of Marriage: One option is a simplified divorce or dissolution of marriage. This type of divorce is available if both spouses agree that there are no issues of equitable distribution. To qualify for a simplified divorce, the following criteria must be met: – 1. There shall be no property, assets or debts to divide. 2. There shall be no minor children of the marriage. 3. Both parties must attend a final hearing before the court. 

2. Regular Dissolution of Marriage: Another option is a regular dissolution of marriage, also known as a regular divorce. In this type of divorce, one spouse files as the “petitioner,” while the other is the “respondent.” A regular divorce can be either uncontested or contested. – An uncontested divorce is similar to a simplified divorce, where both spouses reach an agreement outside of court before requesting the judge to grant the petition. – A contested divorce occurs when spouses are unable or unwilling to agree on one or multiple issues, and a judge must make decisions on their behalf.

Duration of a Divorce in Florida: The time it takes to complete a divorce in Florida varies depending on the unique circumstances of each case. However, there is a mandatory waiting period of 20 days from the date of filing the divorce petition before a final hearing can be requested in court. Simplified and uncontested divorces tend to be quicker since both spouses agree on important matters without court intervention. On the other hand, contested divorces usually take longer as a judge needs to intervene and make decisions.

The necessary steps to file for divorce in Florida are as follows:

1. Ensuring that either you or your spouse meet the residency requirement by providing evidence that one of you has resided in the state for a minimum of six months prior to filing.

2. Completing and submitting the petition along with the necessary proof of residency documentation.

3. Utilizing a process server to deliver the divorce papers to your spouse, unless they have already signed an Answer and Waiver of Service form, indicating their acceptance of the documents without formal service.

4. Filing a financial affidavit along with the petition or within 45 days of filing, and handling all other mandatory disclosure of financial documents as governed by Florida law. Completing a parenting class in cases that include minor children

5. Engaging in negotiations with your spouse to determine the terms of the divorce, including matters such as alimony and property division.

6. Appearing before a Florida family court, where a judge will make decisions on any unresolved issues between you and your spouse.

7. Waiting for the judge to sign an order of dissolution, which officially concludes your divorce from a legal standpoint. It is crucial to avoid any errors throughout the divorce process, as they can prolong the timeline, incur additional expenses, and have a detrimental impact on your future.

If you are filing for divorce in Florida, it is advisable to enlist the services of a knowledgeable family law attorney who can streamline the process and handle all the legal intricacies on your behalf. Contact KMS Legal Today!