Divorce in Florida
Like other states, Florida has enacted no-fault divorce. This means that you do not have to prove any type of marital misconduct in court as grounds for divorce. No-fault divorce is based on you and your spouse asserting that the marriage is irretrievably broken with no hope of reconciliation. Because the proof of fault is not required, this can make the process faster, less time-consuming, and less costly. However, should you and your spouse disagree on any issues related to your divorce, resolving them through negotiation, mediation, arbitration, or before a judge will lengthen the process.
In any divorce, you must resolve the following issues before your divorce can be finalized:
- Child custody and parenting plans
- Child support
- The division of marital property through equitable distribution
- The division of marital debt
- Whether alimony will be provided and, if so, how much and for how long
Residency requirements for a divorce filing consist of one of the spouses having resided in the state for at least six months.
Divorce starts with a petition filed with the court which states the grounds for the action as well as what the filing spouse seeks in terms of marital property, child custody and support, and alimony. This petition is then served on the other spouse who can respond with his or her own terms or agree to the terms set forth in the petition. If the you and your spouse are not in agreement on the terms, you can work it out on your own or through alternative dispute resolution methods such as mediation. Where this fails, a judge will make the decisions regarding the terms through a divorce trial.
The length of time it will take to resolve any divorce varies greatly. It will depend on many factors, such as how to divide complex property issues like the marital home, investments, retirement accounts, business interests, and more, as well as how to create fair and workable parenting schedules.
The state of Florida provides a simplified process for divorce which takes about 30 days to complete. This must be an uncontested divorce where both parties fully agree on the terms of the divorce. The parties must also not have minor children, the wife cannot be pregnant, and neither party can seek alimony. Both parties must also agree on a written property settlement that divides both assets and debts. This type of divorce requires that you forfeit your right to a trial or an appeal.
Get the Help You Need for Your Divorce
Divorce is almost always fraught with intense emotion, especially when children are involved. Having a Naples divorce lawyer who can ensure your rights and best interests are protected can give you the peace of mind you need when moving through the process. The Law Offices of Lisa P. Kirby, P.A. is here to help you achieve the future you seek for yourself and your children.
“Excellent attorney!! Highly recommended! Thank you for all your help and hard work.”- Heather P.
“Excellent Attorney and Mediator!!”- Amy G.
“I have used seven different attorneys for various legal matters, I have found Lisa to be my favorite, she is to the point, cares about her clients, and is very knowledgeable in the legal system.”- Aaron