Florida Divorce Procedure: A Step-By-Step Guide

Divorce in Florida can feel stressful both legally and emotionally. Knowing the steps, your rights and your options makes a big difference. An experienced divorce attorney, Wendy K. McGinnis of McGinnis Law Firm, P.A., guides you through every step. She helps you navigate the divorce process clearly and confidently.

Understanding Divorce In Florida: Types And Requirements

Each divorce follows its own path, and the right process depends on your family’s situation. Florida offers different types of divorce:

• Uncontested divorce: Agreement on property, custody and support, usually faster and less costly with an agreement reached before a petition is filed
• Simplified dissolution of marriage: Faster option for couples without children and with limited assets
• Contested divorce: Disputes resolved through negotiation, mediation or court after a petition is filed

You must also meet Florida divorce requirements, including residency. At least one spouse must live in Florida for six months before filing.

Selecting the right type of divorce is only the beginning; the next step is starting the process correctly.

Your Step-By-Step Guide To Divorce In Florida

The divorce process in Florida follows a series of legal steps. Knowing what to expect at each stage helps you prepare and avoid unnecessary delays.

Filing Your Divorce Petition

You start by filing a petition for dissolution of marriage in the circuit court of the appropriate county, which is typically the county where the spouses last lived together in Florida. The petition lists the grounds for divorce and the relief you want. This can include a parenting plan with timesharing, spousal support (alimony), child support, and division of marital assets and debts.

A skilled divorce attorney helps you prepare your petition and follow Florida law. This includes residency and financial disclosure rules.

Serving Divorce Papers

After filing, you must notify your spouse. You can serve papers through a process server or by publication if you cannot find your spouse. Correct service avoids delays or legal issues and there are procedures that must be followed for service on your spouse.

Exchanging Financial Documents

As part of the divorce process, you and your spouse will share documents on key financial matters, such as:

• Assets
• Bank accounts
• Debts
• Taxes
• Income

Accuracy and honesty when it comes to this exchange can be critical in reaching a fair division of property in your divorce. If you suspect your spouse has not been as forthcoming as they should, a skilled attorney can help you with looking for signs of hidden assets.

Other Discovery

The sharing of financial documents is part of a larger process called discovery, which is the formal exchanging of information relevant to a divorce case. This process can involve many different information-gathering methods, including document requests, interrogatories (written questionnaires) and depositions (interviews). An experienced divorce lawyer can help you navigate discovery and ensure you have everything you need to make informed decisions in your case.

Attempting To Reach A Settlement

There are many different avenues for trying to come to a settlement agreement with your spouse on key divorce issues like property division and child custody. Examples include negotiation, mediation and collaborative divorce. A divorce lawyer can guide you on your options and help you seek an effective divorce settlement that protects your best interests and goals.

Court-Ordered Mediation

If you and your spouse aren’t able to come to a settlement on your own, a court may order mediation. Mediation involves a neutral third party guiding discussions between two parties in a divorce to try to help them reach an agreement on outstanding disputed issues. Having trusted legal guidance and support can be key when going through this process.

Final Hearing

What the final divorce hearing will involve depends on whether or not you and your spouse have come to a settlement agreement.

• If there is an agreement: The judge will review and, most likely, approve the settlement.
• If there is no agreement: The judge will hear arguments from both sides, review evidence presented, and the laws pertaining to the issues and then make a decision on all outstanding divorce issues.

In either instance, it can be wise to have a knowledgeable divorce lawyer help you with preparing for your final hearing.

Entry Of Final Judgment

Once a judge has either approved a settlement and/or made a decision on the remaining matters in your divorce, they will issue an entry of final judgment. Also known as a divorce decree, this will formally finalize your divorce.

Florida Divorce FAQs

Divorce raises many common questions, and having clear answers helps you move forward with confidence.

How long does a Florida divorce take?

It depends on the type of divorce. Uncontested cases may take a month or more depending on the circumstances. Contested cases can last months to years. Court schedules, disputes over property, custody or support and mediation affect timing.

What are the filing requirements?

Florida is a no fault state, so for the typical divorce if the marriage is irretrievably broken and one or both spouses meet the Florida residency requirement, then a petition for dissolution of marriage may be filed. Your attorney makes sure the paperwork is complete.

Do I need a lawyer?

Hiring a divorce attorney is strongly recommended. Lawyers help with proposals for dividing assets and liabilities, advising on alimony, calculating child support, and drafting clear and complete parenting plans. They also handle divorce mediation, depositions, hearings and other divorce-related issues.

These answers cover common questions, but other factors may affect your divorce.

What To Know Before Your Florida Divorce

Divorce can be complex. Being prepared and informed helps you avoid mistakes and unnecessary stress. Knowing key points protects your rights:

• No-fault divorce: You do not need to prove wrongdoing to get a divorce
• Financial disclosure: Both spouses must report all assets, debts and income
• Custody and child support: Courts decide based on the child’s best interests; calculate support with the child support calculator in Florida
• Alimony: Courts consider marriage length, need for alimony, and ability to pay alimony, among other things
• Equitable distribution: Marital property and debts are divided fairly under the equitable distribution rules, which may be equally or unequally divided depending on the factors and evidence
• Settlement agreements and mediation: Resolve disputes through agreements, mediations or collaborative divorce in Florida strategies
• Prenuptial agreements: Existing agreements may affect property division and financial obligations

Keeping these points in mind helps you make informed decisions and maximize the benefits of your attorney’s guidance.

Get Professional Help With Your Florida Divorce

Divorce in Brandon, Tampa or anywhere in Florida can be complex. Attorney McGinnis of McGinnis Law Firm, P.A., protects your rights and helps to ensure the process moves efficiently. Call 800-768-2026 or fill out our online contact form to start your divorce procedure the right way.