Sometimes, marriages simply reach a point where separation is the only path forward. Divorce can be a difficult, emotionally taxing experience, and dealing with the legal complexities can feel just as rough.
If you’re in Florida and considering ending your marriage, you’re probably wondering how to start the divorce process in Florida. It can feel overwhelming, but understanding the initial steps can make the process less daunting. That’s why, today, we will provide a clear and easy-to-follow guide, outlining the initial steps you’ll need to take and ensuring you’re ready for the next step!
How to start the divorce process in Florida: an overview
While every situation is unique, the general path involves key steps to get you from initial consideration to legal separation. Here’s a breakdown of what you should expect:
Understanding the grounds and filing the initial petition
The process begins when one spouse files a formal petition for dissolution of marriage. In Florida, the primary legal grounds for divorce is that the marriage is “irretrievably broken,” meaning there is no reasonable chance for reconciliation. It is a no-fault divorce state, meaning neither spouse has to prove misconduct or wrongdoing by the other.
Also, you will need to decide what type of petition to file: standard or simplified. This petition will be your official request to end the marriage and initiate the legal process. It must also contain key information, such as your current name, address, reason for filing, information regarding children or property, and what you want to happen with said information.
It’s crucial to state everything clearly and accurately, so triple-check everything as needed.
Responding to the petition and establishing temporary orders
After you or your spouse files the initial petition, the other party is legally required to respond. The other spouse has 20 days to file an answer to the petition with the court. If they don’t respond, the case can move forward by default, where the first spouse can request all of their conditions as outlined on their petition.
However, if they choose to respond, they can agree with all requests made (making the divorce uncontested) or state what they disagree with on the petition (making the case contested). During the response phase, either spouse can request temporary court orders addressing matters such as child custody, financial support, or other urgent issues. These temporary orders remain in effect until a final resolution is reached.
Gathering and exchanging financial information
Both spouses are legally required to disclose financial information to each other through various forms and through a process called discovery. This includes bank statements, tax returns, property deeds, investment accounts, and other financial documentation.
Completing a Family Law Financial Affidavit form requires both parties to present a comprehensive picture of their assets, debts, income, and expenses. This official document confirms both spouses’ agreement to disclose this information within a set timeframe.
Depending on the specifics of the case, other forms might be required. For example, if you share minor children with your spouse, you must complete the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit. This document provides crucial information about the children, including their residence for the past five years and any existing child support or custody orders. You also need to sign it before a notary public, mobile or otherwise.
The goal here is to ensure that all information relevant to the case is disclosed and organized, often setting the stage for settlement negotiations and final orders.
Exploring mediation and reaching agreements
Most Florida divorces involve some form of mediation, where couples attempt to resolve outstanding issues and craft a settlement agreement with the help of a neutral third party. The goal is to reach an agreement that is acceptable to both parties and avoids a trial.
If the mediation is successful, it grants both spouses more control over the outcomes of their separation. The process ends up being more amicable too, as the case will proceed to trial otherwise.
Parenting plans, and finalizing the divorce
If there are children involved, the parents will also need to agree on a parenting plan, outlining time-sharing schedules, custody arrangements, and parental responsibilities. This usually involves a mandatory parenting class to help each parent establish a sound structure for their future.
Once agreements are reached on all necessary components of the divorce, both parties will move toward a final hearing. If these arrangements are not agreed upon, a judge will make the final decision for the final hearing, after hearing all presented information.
Whether a settlement has been reached or a trial has taken place, a final divorce judgment will be entered by a judge, which officially dissolves the marriage.
It is then that you are legally divorced.
Do I need an attorney for a divorce in Florida?
Dealing with the complexities of a divorce often makes people wonder if hiring an attorney is essential. While it’s true that many divorces involve legal representation, it’s not always a requirement.
The need for an attorney largely depends on the specific circumstances of your situation, as they’re often employed when significant assets, property, debts, and disagreements over child custody are on the line. Their expertise is invaluable in negotiating a fair settlement and advocating for your best interests.
However, the state of Florida recognizes that some divorces are simpler and don’t require that level of legal assistance.
For couples who agree on all aspects of their separation, Florida provides a streamlined process called a “Simplified Dissolution of Marriage.” This method lets couples obtain a divorce quickly – usually within 30 days from filing – without the need for extensive court proceedings or the costs associated with an attorney.
This process requires a high degree of agreement and cooperation between both parties, as several conditions must be met:
- Both parties agree that the marriage is “irretrievably broken;”
- The couple has no minor or dependent children;
- The wife is not pregnant;
- There’s no need for spousal support or alimony;
- Both parties fully agree on how to divide their assets and debts (or not to divide them);
- At least one of them must have resided in Florida for at least six months;
- Both parties must waive the right to a trial and any appeals.
If a couple meets these requirements, they can proceed with a Simplified Dissolution. While you won’t have an attorney, you’ll still need to complete specific paperwork, including the correct forms provided by the Florida State Courts.
These forms can be tricky to fill, so getting assistance from a paralegal is recommended – they will help you without the often-high fees associated with attorneys. Also, keep in mind that the judge will review your paperwork to ensure the terms of your divorce abide by the law, but they will not offer legal advice and will expect you to understand what you’re signing.
You are not alone: we’re here to help you out!
The path to ending a marriage in Florida can be complex – but knowing how to start the divorce process and the key steps can make the process less overwhelming. From filing the initial paperwork to reaching a final agreement, each stage requires careful attention to detail and adherence to specific procedures.
Remember, you have options when it comes to legal representation; and whether you choose the traditional route with attorneys or opt for a simpler path, gathering the right information is crucial for a smooth resolution!
Mobile Notary Orlando is here to assist you with the important step of notarizing your divorce paperwork or any other document. We provide fast, reliable, and professional mobile notary services throughout Orange, Seminole, Osceola, and Brevard counties, coming to you at your convenience!
