Filing a divorce in Florida

How to File a Divorce in Florida

Florida has stated requirements for a marriage to qualify for a divorce in Florida. Florida State needs to ascertain that a marriage is irretrievably broken or that a spouse in the marriage is certified by medical professionals as mentally incapacitated for a period not less than three years. The Florida judicial system does not differentiate between divorce and marriage dissolution; it treats the two as the same. The Florida Statutes, Title VI Chapter 61.001 affirms the commitment of the state to promote the integrity of marriages and mitigate potential harms to spouses and children as fallouts of dissolution of marriages. The statute requires one of the parties to the marriage to be a resident of Florida for a minimum period of six months.

Divorces are classified into two in Florida.

The simplified dissolution of marriage and
The regular dissolution of marriage

A spouse seeking a divorce is required to write a petition to the Clerk of the Circuit Court in their county. The petition should contain it that the spouse or their partner has resided in Florida State for a period not less than six months. A spouse may prove their residence in Florida by presenting any of the following documents belonging to them or their partner, registered in the state six months prior to filing the divorce:

A valid driver's license issued by the government in Florida
A Florida identification card
A voters registration card
A testimony of a person who knows either of the spouses and can confirm that they have lived in Florida for more than six months. The person should be willing to testify in court.
An affidavit signed by a person who knows either of the spouses and can confirm that they have lived in Florida for more than six months before filing the petition for the dissolution of the marriage. This affidavit is required to be signed before a Court Clerk or a Notary Public who must affix their seal on the affidavit.

How Long Does It Take to Get a Divorce in Florida

Divorce may be obtained faster in Florida if it is not contested. According to Title VI Chapter 61:19 of the Florida Statutes 2018, a spouse is required to wait a minimum period of 20 days after filing a divorce before they may get a date for the final hearing of their case. The date for the final hearing will further depend on the court's schedule. For an uncontested divorce, a petitioner may get a divorce between 4 - 6 weeks after filing their case with the Court Clerk. If the divorce is contested, the process will take a longer period to determine.

How Much Does a Divorce Cost in Florida

A spouse filing a petition for divorce is required to pay filing fees. These fees may however be waived if the applicant fills out an Application for Determination of Civil Indigent Status form and submits this with the petition for divorce. This form may also be obtained from the Clerk of the Circuit Court. The Clerk will determine if the applicant is eligible for a fee waiver.

The cost of getting a divorce in Florida varies depending on a number of factors. The cost may be low if the spouses agree on all issues, prepare their own paper works and do not call for the service of a lawyer. They will be required to pay the sum of $408 as the Clerk's filing fee. The Clerk will charge an additional $10 to issue a summons if the spouse needs to serve their partner with a petition. The Office of the Sheriff will also charge $40 to serve the summons and the petition. If the spouse needs the assistance of a lawyer, or the divorce is contested, this will make the aggregate cost increase.

How to File a Divorce by Yourself in Florida

A spouse or a couple may file for their divorce by themselves in Florida. If the divorce is uncontested they will need to complete a Petition for Simplified Dissolution of Marriage and a Marital Settlement Agreement Form. The forms may be obtained from the Circuit Court Clerk in the Florida county where either of the spouses live and submitted to the Clerk after completion. After the submission of this form, the Clerk will give them a date and time for a court appearance, usually after a period of 20 days from the filing date of the petition. The couple is required to appear together before the judge on the date and time given to them. They are also required to come with a completed Family Court Cover Sheet Form obtainable from the Circuit Court Clerk. On the day given to the couple for judgment, the judge shall examine all the papers completed and submitted by the couple. If all the forms completed are in order, the judge shall grant the dissolution of the marriage. However, where the forms are not duly completed, or the requirements are not met, the judge shall dismiss the case.

If the couple has properties or children under the age of 18, they are not qualified for Simplified Marriage Dissolution. They will be required to file a petition for a Regular Marriage Dissolution. With the Regular Marriage Dissolution process, a spouse will need to complete the following forms as applicable:

The divorcing party must submit the applicable forms to the Clerk of the Circuit Court at the county of their residence after completion. The divorcing party also needs to show proof that either of the spouses have lived in Florida for a minimum of six months. The spouse filing the petition will subsequently be referred to as the petitioner, and the other spouse in the marriage to whom the petition is served will thereby be referred to as the respondent.

Florida does not require divorcing parties in the state to provide the reasons they wish to divorce to justify the dissolution. However, in the decision of property division, child custody, and visitation, the Florida court of jurisdiction may consider the occurrence of spousal abuse or abandonment. The petitioner needs to prepare the summons. They also need to complete the following affidavits and submit them to the Clerk:

Social Security Affidavit: The completion of this affidavit makes it easier for either of the spouses to subpoena financial and employment records with court intervention.
Non-Military/Military Affidavit: By completing this affidavit they are able to testify whether the respondent is in the military or not.
Uniform Child Custody Jurisdiction & Enforcement Act (UCCHEA) Affidavit: This affidavit needs to be completed if the spouse has minor children. It helps in the determination of custody for the children, time-sharing, and visitation rights after the determination of the divorce.
Financial Affidavit: A spouse needs to complete this form in a regular marriage dissolution. This is regardless of whether or not they or their spouse own a property. They will need to provide the following information while completing the form:
- Income Statement
- Tax Returns
- Bank Statements
- Credit Card Statements
- Assets
- Debts
- Personal Financial Statements and
- Any other relevant financial documents

The petitioner also needs to complete a Certificate of Compliance With Mandatory Disclosure and submit it along with their Financial Affidavit. By completing this Certificate, they will be attesting that they have supplied all required financial documentation to their spouse.

Florida requires a petitioner to ensure their completed forms are notarized before filing them with the Court Clerk. The Court Clerk will stamp the petition with the filing date. The petitioner needs to make an additional copy of the stamped petition to serve their spouse. The petition may be served on their spouse by the county sheriff or through a professional process server. A petition for divorce in Florida cannot be served by mail or placed at the doorstep of a respondent. Florida requires the petitioner to provide their spouse with a signed affidavit containing details of their financial assets and liabilities such as incomes, tax returns, assets, bank credit card statements, and debts. If the income of either of the spouses is $50,000 or more, they need to file the Long Form Family Law Financial Affidavit, but if neither of the spouses has income up to $50,000, the petitioner may file the Short Form Family Law Financial Affidavit. Both the petitioner and the respondent are required to appear before the judge for the final hearing on the divorce case.

Choosing a Divorce Lawyer in Florida

There are a number of online directories of attorneys in Florida. A spouse seeking a divorce may check through these online directories for detailed profiles of law firms which may include biographies, education, training etc. They may also get the firm's area of legal proficiency and other details such as office location, payment options, office hours etc. A person may also get a recommendation for good attorneys from former clients as well as from friends, family members and co-workers. A divorcing party may need to meet with, and interview multiple attorneys on recommendation before picking one.

Can You Get a Divorce Without Going to Court?

No. Getting a divorce in Florida is not very simple. The state is committed to promoting the integrity of marriages and tries to avoid the harms associated with spouses and children as a fallout of divorce. The procedures for the dissolution of marriage in Florida require the spouses to get a date for a hearing where a judge will make a final pronouncement on the basis of the documents submitted.

How to File for Divorce in Florida with Children

For marriages that involve children, or those that have circumstances requiring child support hearings, the petitioners need to complete the Marital Settlement Agreement Form and file the Child Support Guidelines Worksheet. The Marital Settlement Agreement Form completed should cover their minor children, those of their spouse, their dependent children, and the properties they have. The completed form should also include agreements about child custody, time-sharing, alimony payments, property transfers etc. Florida requires all these processes to ensure Equitable Distribution of Marital Assets and Liabilities. The petitioner also needs to complete and file the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit. This is a requirement, even if the spouses have agreements on the custody of the children. If the spouses are able to agree on most of the terms of the divorce, they can sign written agreements stating these agreed terms. The agreements should include parenting plans for the children in concern. Florida allows spouses to present their agreements orally to the judge in a final hearing if the agreements are not yet formalized in writing. In situations where there are still disputes between the spouses, trials will be required.

A divorce hearing in Florida State requires both the petitioner and the respondent to appear before a judge. If the spouses have not yet reached an agreement on all matters on the divorce, the judge may use the first hearing to enlighten them on family court proceedings. Another date will be scheduled for the final hearing.

How to File for Divorce Online in Florida

Florida requires a petitioner for a marriage dissolution to prepare affidavits and file with the Clerk of the Circuit Court. These processes are not done online. However, some third-party organizations in Florida claim to offer process assistance online for divorces in the state.