What Is the Process of a Florida Divorce in 2022?
Nothing is permanent in this world, and unfortunately, some good things do eventually come to an end. Even “till death do us part” can have an expiration date.
You can only hope for a smooth and amicable divorce, but the process can still be painstakingly complex. Moreover, a divorce is usually a family affair. Most of the time, it can be a traumatic experience for the children.
With everything your family is going through, it’s best to have an experienced divorce lawyer by your side to help you with the process to focus more on your family’s healing.
In this blog, we’ll discuss the process of getting a divorce in Florida in 2022.
Dissolution of Marriage in Florida
In Florida, a divorce is also known as a “dissolution of marriage.” The sunshine state recognizes two types of divorce:
Simplified Dissolution of Marriage
This type of quick divorce in Florida is where the couple’s marriage can be dissolved in 30 days from filing to finalization. There are some requirements for this type of divorce, such as:
- Both parties agree on the terms of their divorce.
- The couple does not have minor or dependent children together.
- The wife is not pregnant.
- Both parties do not want alimony.
- Both parties agree to forfeit their rights to trial or appeal.
Regular Dissolution of Marriage
This type of divorce is for couples who do not meet the requirements of a simplified dissolution of marriage. It usually takes longer than 30 days and can be more complicated as there are more factors to consider.
The Divorce Process in Florida
1. Understand Divorce Qualifications in Florida
Florida is a no-fault divorce state. You only need to file a divorce because your marriage is “irretrievably broken.” To be eligible for a divorce in Florida, you or your spouse must have been a state resident for at least six months before filing.
2. Prepare the Divorce Forms
After you have determined that you are qualified to file for a divorce in Florida, the next step is to prepare the necessary paperwork. You can find the forms you need on the Florida Courts website.
3. File a Divorce Petition
After you have completed the necessary paperwork, the petitioner or the person filing for the divorce will need to file the divorce petition with the court clerk in the county where the petitioner lives.
Once you have filed your petition, you must “serve” your spouse with the paperwork. This means that you will need to give them a copy of the divorce petition and other documents.
Once your spouse has been served, they will have 20 days to respond to the divorce petition. You can move forward with the divorce without their input if they do not respond.
If your spouse does respond, they will need to fill out and file a document called an “Answer.” In this document, they can agree or disagree with the divorce petition.
4. Divorce Discovery Process
After your spouse has filed their answer, the next step in the divorce process is discovery. This is where each spouse can request information from the other about their finances, assets, and liabilities.
This is done so that both parties understand the financial situation before the property is divided and support payments are determined.
5. Divorce Terms Negotiation
Once both parties understand the financial situation, they can begin negotiating the divorce terms. This includes child custody, child support, spousal support, and the division of assets and liabilities.
If there are any issues with the petition, Florida law requires a divorce mediation until an agreement is reached.
6. Settling on a Parenting Plan
If you have children, you will need to create a parenting plan. This document will outline how you and your spouse will co-parent and decide about your children.
It is important to remember that the parenting plan should be in the child’s best interest and it should also be realistic and consider both parents’ schedules.
7. Finalizing the Divorce or Going to Trial
Once you have agreed with your spouse about the divorce terms, the final step is for the judge to review the agreement and sign off on it.
The divorce will go to trial if you and your spouse cannot agree. This is where a judge will make decisions about the terms of the divorce.
You Need a Reliable Florida Divorce Lawyer
Many factors can complicate the process of getting a divorce in Florida. It is crucial to have an experienced divorce lawyer on your side who you can trust to protect your interests and fight for what you deserve. Call us today for a consultation.