How Does Divorce Work in Florida?

An Overview of the Process

When a couple no longer feels that they work best together, they may end their marriage via a divorce. Those considering this end to their relationship may fear the unknown ahead of them or need to know more about the process before taking any action. In this blog, learn the basics of the divorce process in Florida.

How to File for Divorce in Florida

Filing for divorce in Florida begins with filing a petition and ends with issuing a final judgment. The petitioner must file the petition in the circuit court in their county. If the petitioner has been a resident of Florida for at least six months, they may file in the county where their spouse resides. Once the petition is filed, it must be served on the spouse, who has 20 days to respond.

If the spouses can agree on all issues, they may sign a marital settlement agreement. The case will proceed to trial if an agreement cannot be reached. After a trial, the court will issue a divorce decree that will become final after 60 days.

What You Can Expect During the Divorce Process

No one plans to get divorced, but unfortunately, it is a reality for many couples. If you find yourself in this situation, it is crucial to be prepared for what lies ahead. The divorce process can be long and complex, so it is helpful to understand what to expect.

Many couples choose to file for divorce jointly. This means that they both agree on the divorce terms, such as child custody and property division. If you file jointly, you can expect the process to be quicker and less expensive than if you go through a traditional divorce trial.

If you cannot agree on the terms of your divorce, you will likely need to go through a trial. This can be lengthy and stressful, so having an experienced attorney by your side is vital. During the trial, a judge will decide on key issues such as child custody and property division. Once these decisions are made, they are typically final.

No matter how your divorce is handled, it is important to remember that this is a difficult time for everyone involved. Be prepared for an emotional roller coaster and try to stay positive throughout the process. With time and healing, you will eventually be able to move on with your life.

The Issues to Be Resolved in Divorce

When a couple decides to divorce, a number of issues need to be resolved. One of the most important is child custody. If the couple has children, they must decide who will have primary custody and how to schedule visitation.

Another critical issue is alimony. If one spouse earned significantly more than the other during the marriage, the lower-earning spouse might be entitled to alimony payments.

Child support is another financial issue that needs to be addressed in a divorce. The non-custodial parent will typically be required to make child support payments to help cover the costs of raising the child.

Finally, property division is often a contentious issue in a divorce. The couple will need to decide who will get which assets and debts. These are just a few issues that need to be resolved in a divorce.

Get the Help of a Florida Divorce Attorney

If you're considering a divorce in Florida, it's important to understand the process and what to expect. Divorce can be challenging to navigate, so it's important to have an experienced divorce attorney by your side throughout the process to protect your best interests. The Schipani, Norman & McLain, P.A. team is prepared to help you through all aspects of divorce.

Learn more or schedule a consultation by calling (941) 499-8154 or visiting our website.