Divorce

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Divorce is never easy. It brings emotional, financial, and legal challenges that can feel overwhelming. In Florida, the law outlines specific procedures and requirements for dissolving a marriage. Understanding these basics can help you make informed decisions and prepare for what lies ahead.

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At Summer N. Boyd, Family Law Attorney, we are here to guide you through the process with compassion and professionalism.

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Types of Divorce in Florida

Florida recognizes two main types of divorce (called “dissolution of marriage”):

• Uncontested Divorce: Both parties agree on all major issues such as property division, child custody, and support. This process is typically faster and less costly.

• Contested Divorce: When spouses cannot agree, a judge will make the final decisions. These cases often involve more complex financial and parenting matters.

 

Residency Requirement

At least one spouse must have lived in Florida for a minimum of six months before filing for divorce. Proof can include a valid Florida driver’s license, state ID, or testimony from a witness.

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Grounds for Divorce

Florida is a “no-fault” divorce state, meaning you don’t need to prove wrongdoing. The most common ground cited is that the marriage is “irretrievably broken.”

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Key Issues in a Florida Divorce

1. Division of Property and Debts

Florida follows equitable distribution, meaning assets and debts are divided fairly, though not always equally. Factors considered include:

• Length of the marriage

• Each spouse’s contribution (financial and non-financial)

• Economic circumstances of each party

 

2. Child Custody and Parenting Plans

Florida uses the term “time-sharing” instead of custody. Courts prioritize the best interests of the child when determining parenting schedules. Parents must submit a Parenting Plan outlining time-sharing and parental responsibilities.

 

3. Child Support

Calculated using Florida’s Child Support Guidelines, based on:

• Each parent’s income

• Number of overnights the child spends with each parent

• Childcare and healthcare expenses

 

4. Alimony (Spousal Support)

Alimony may be awarded depending on one spouse’s need and the other’s ability to pay. Types of alimony in Florida include:

• Bridge-the-gap

• Rehabilitative

• Durational

• Permanent

 

The Divorce Process in Florida

1. Filing the Petition → One spouse files for dissolution of marriage.

2. Serving the Petition → The other spouse is formally notified.

3. Financial Disclosure → Both spouses exchange financial documents.

4. Mediation → Often required to attempt resolving disputes before trial.

5. Court Hearings or Trial → If unresolved, a judge makes the final decisions.

6. Final Judgment → Once signed, the marriage is legally dissolved.

 

Why Legal Guidance Matters

Divorce can affect your finances, your children, and your future. Having a knowledgeable family law attorney ensures your rights are protected and your voice is heard. At Summer N. Boyd, Family Law Attorney, we walk beside you every step of the way.