Are you considering filing for divorce in Florida? If you are, there are certain things you need to know before you commence divorce proceedings. This article will guide you through the entire process of filing for divorce in Florida, including the legal requirements, the divorce process, and how to get help with the divorce process.
Legal Requirements for Filing for Divorce in Florida
To file for divorce in Florida, you or your spouse must have been a resident of the state for at least six months before filing a petition for divorce. If you meet this residency requirement, you can file a petition for divorce in a Florida court.
Florida also follows a “no-fault” divorce system, which means that you don’t have to prove your spouse is at fault for the divorce. Instead, you only need to provide evidence that the marriage is irretrievably broken.
The Divorce Process in Florida
The following is the divorce process in Florida:
Step 1: Preparing and Filing the Petition
The person who initiates the divorce process needs to file a petition with the court. It would be best to get a lawyer to help you prepare this document. The petition must contain certain information, including the names of both parties, information about any children, and the grounds for the divorce (usually "irretrievable breakdown of the marriage"). Once filed, the court will issue a summons, which is a document that notifies the other party about the divorce process.
Step 2: Serving the Petition and Summons on the Other Party
The person who files the petition and summons must also serve them on their spouse. In Florida, there are several ways to serve legal papers, including personal service, posting, or publication. Personal service means delivering the documents in-hand to the other party, posting means attaching the documents to a conspicuous place at the other party’s residence, and publication means publishing the documents in a local newspaper if you’re unable to locate the other party.
Step 3: Response
Once served with the petition and summons, the other party has 20 days to respond. This response is important because it may address the issues raised in the petition and may also contest the divorce if the respondent thinks the marriage is not irretrievably broken.
Step 4: Discovery
The divorce process in Florida involves discovery, which means that both sides can ask about evidence or information that may be relevant to the case. This information may take the form of written questions, requests for documents, or depositions.
Step 5: Settlement or Trial
Most cases are settled before trial through mediation or other forms of negotiation. Florida also requires parents to attend mediation if they cannot come to an agreement on parenting issues. If the case is not settled, a trial will be scheduled.
Step 6: Final Judgment
If the parties agree on all the issues, the judge will issue a final judgment that ends the marriage. If the case is decided at trial, the judge will issue a final judgment after considering all the evidence presented.
Getting Help with Your Divorce in Florida
Divorce can be a difficult and emotional process. Fortunately, there are many resources available to help you. Here are some options to consider:
Work with an Attorney
Many attorneys in Florida specialize in divorce and family law and can provide legal advice and representation throughout the divorce process.
Family Mediation
Florida requires all parents in divorce cases involving parenting issues to attend mediation in an effort to settle disputes outside of the courtroom.
Community Resources
There are many community and non-profit organizations are available that can provide helpful resources, including counseling, support groups, and other forms of assistance.
Conclusion
Filing for divorce can be complicated, and it’s important to understand your rights and legal options. By following this guide, you can take the first steps towards a successful divorce in Florida.