Here are the answers to some common questions about divorce in Florida.
Do I need
to prove my spouse is at fault?
No. In
general, one party just needs to state that the marriage is "irretrievably
broken." Fault may enter into the equation, though. For example, a judge
may refuse to order alimony, or may reduce the amount, if the spouse who
otherwise would receive the support is at fault in the divorce.
How long
does a divorce take in Florida?
It
depends on whether it is contested or uncontested. An uncontested divorce means
that both spouses agree on child support, custody, visitation, division of
property and debts, and alimony, if any. An uncontested divorce can take as
little as four to five weeks. If the matter is contested — that is, the court
must decide any of these issues — it can take six months or longer. In counties
where the courts are extremely busy, it can easily take a year or more. Most
spouses don’t take divorce issues to trial, though; they settle their disputes
themselves or with the help of a mediator.
Learn about Dividing Marital Property in Florida.
What is the
first step towards getting divorced in Florida?
File a document called a Petition for Dissolution of Marriage. It outlines any
claims that you have for things like child support, custody, alimony, and
division of property and debts. In general, a process server must personally
deliver the papers to the other spouse; this is called “service of process.” If
you have children, Florida requires you to attend a seminar on children and
divorce, but spouses need not attend together.
Is there a
residency requirement?
One spouse must be a Florida resident for the six-month period immediately
preceding the filing of the petition for divorce. If you are temporarily living
out of state, the judge will decide whether or not you are still a Florida
resident. If the court determines that you have no intention of coming back,
you probably will not be considered a Florida resident. If you are in the
military, being stationed outside of Florida does not affect your residency.
If I cannot
find my spouse, can I still get a divorce?
Yes,
after you conduct a diligent good faith search as required by Florida law.
There is a list of steps you must take, such as contacting the Department of
Motor Vehicles and talking to family and friends who may know where your spouse
is. You must also publish a notice in an appropriate newspaper for a certain
period of time. The court cannot order any division of property or alimony
until your spouse is found and served with the papers.
Learn more about Divorce in Florida.
Can one
lawyer represent both spouses, and does each spouse have to have a lawyer?
One
lawyer cannot represent both spouses — it’s impossible to represent the
interests of two people who have conflicting goals. Even if you think your
goals are the same, lawyers are ethically prohibited from representing both
parties in a divorce. You’re not required to hire a lawyer, though. If you can
agree about property division, support, and child custody and you feel
comfortable completing the court paperwork yourselves, you won’t need lawyers
and the whole process will be cheaper, faster, and less contentious. A
contested divorce typically costs each spouse tens of thousands of dollars, so
it’s well worth it to try to work out a compromise.
What if I
cannot afford a lawyer?
If
your income is very low, you may qualify for free representation from Legal
Aid. And if your spouse earns substantially more than you do, the court might
order your spouse to pay your attorney’s fees at the end of the case. An
attorney might — or might not — be willing to take your case even if you can’t
pay, if there’s a good chance of getting the court to order your spouse to pay
your fees.
Can
mediation help?
Many,
many cases are resolved through divorce mediation. It is a lot cheaper to have
a mediator--a trained, neutral third party--help you and your spouse negotiate
than it is to pay lawyers to argue and prepare for trial. Mediators cannot
force a settlement on anyone, but they can show people what would be a
reasonable settlement, and advise them as to what the court may do if there
were a trial. Sometimes it is just good to have a neutral person, who both
sides will listen to, help with the settlement negotiations.
What if my
spouse is violent or harasses me?
If
you’re in danger, call the police or a domestic violence hotline like
800-799-SAFE. Even before you file for divorce, you can get a restraining order
from the court, without notifying your spouse. Consult the clerk of court or a
lawyer. If the court issues a restraining order on this basis ("ex
parte"), there will be a court hearing within a number of days where your
spouse can argue against the order. Once the divorce process begins, the court
can order your spouse to leave the house (especially if you have children) and
stay away from you. Domestic violence cases have priority in the court system
and are heard quickly.
Learn more about Domestic Violence.
What if I
need temporary alimony or child support before the final hearing in my case?
You
can go to court after you have filed your petition and ask for an order of
temporary child support, alimony, visitation rights, or custody.
Can I use
my former name after the divorce?
Yes;
in the petition for divorce, request that your former name be restored.
