Florida Divorce Guide

Florida Divorce Guide:

The state of Florida has certain requirements to file a divorce (dissolution of marriage), especially when children are involved.  Below is a list of links to different resources that can educate you about divorce in Florida. 

Grounds for Divorce

Florida calls divorce a “dissolution of marriage.” Florida is a “no fault” divorce state, which means that spouses only need to tell a court that the marriage is “irretrievably broken” in order to get a divorce. Some other states call this “irreconcilable differences.” In this case, either spouse may file for the dissolution of marriage.

Residency Requirement

At least one spouse must be a Florida resident for at least six months before filing for a dissolution of marriage. If neither spouse meets the residency requirement, legal separation is an option in the meantime.

Dissolution of Marriage Process

Normally, a dissolution of marriage begins with a petition which states that the marriage is irretrievably broken, and describes what the petitioner would like from the court. The other spouse will file an Answer, which gives the second spouse the opportunity to reply to the petition.

Some spouses will agree on basic divorce issues, like separating property, child custody, child support, and spousal support. If this is the case, the spouses will also submit a written agreement to the court. If the spouses agree on all terms of the divorce, the divorce may be final in only a few weeks. If the spouses do not agree on issues, the divorce may end in a trial.

If you are going through a dissolution of marriage and you have minor children (under the age of 18), Florida law requires you to complete an approved 4-hour Parent Education and Family Stabilization course. This course is designed to educate, train and assist parents in ways to minimize the emotional impact on you and your children. Each parent must independently take and complete the course before the Court will grant the dissolution of marriage.

You may take this required course over the Internet from the comfort of your own home, or anywhere that you have access to the Internet. It is available 24 hours a day, 7 days a week. Our Internet system will permit you to take the 4-hour course in shorter increments at your own pace, avoiding the need to block out a half day at one time. This will free you from having to worry about child care, or having to fight traffic after a busy day at work to travel to a live class.

Florida Parenting Class Online
Course Registration Information

Florida Parenting Class Online (Click Here to Register)

  • Required for parents filing for divorce in Florida.
  • The Florida Department of Children and Families approved this course.
  • You may take this course if you are a resident of Florida or if you are an out-of-state resident getting your divorce in Florida.
  • Florida Parenting Class Online is provided in association with the University of Continuing Education.

Child Support Information

Online Divorce — File for Divorce Online

Divorce Records — Public Records Guide

Florida Statutes- Chapter 61
Dissolution of Marriage; Support; Custody

A divorce will not be granted by the state unless one of the following conditions is met:

  • The marriage is irretrievably broken
  • One of the parties is mentally incapacitated. Certain requirements for this condition are listed here under (1) b

If there is a minor child or the other party denies that the marriage is irretrievably broken, the court may take other action. To learn more, see statue(2)b here

Based on this evidence presented at a hearing, the court will place a petition for dissolution of marriage if there is no minor child from the marriage and if the responding party does not deny the marriage is irretrievably broken.

Includes additional topics:

  • General Provisions
  • Residence Requirements
  • Alimony
  • Child Support
  • Definitions
  • Dissolution of Marriage
  • Equitable distribution of marital assets and liabilities
  • Sale of marital home
  • Child custody, primary residence, visitation

 

 

 

Simplified Dissolution of Marriage

Some Floridians may end their marriage in a simplified procedure, called a simplified dissolution of marriage. It is available for spouses if:

  1. they both agree to the use of this form of dissolution proceeding;
  2. they have no minor (under 18) or dependent children;
  3. have no adopted children under the age of 18;
  4. the wife is not pregnant;
  5. at least one of the parties has lived in Florida for the past six months;
  6. the parties have agreed on the division of all of their property (assets) and obligations (debts); and
  7. both parties agree that the marriage is irretrievably broken and want to end their marriage because of serious permanent differences.

Dividing Property in Florida

Florida is an “equitable distribution” state, which means that courts will divide property in a way it believes to be fair, which is not necessarily an equal split. Some of the factors a court will consider are:

  • The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
  • The economic circumstances of the parties.
  • The duration of the marriage.
  • Any interruption of personal careers or educational opportunities of either party.
  • The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  • The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
  • The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the non-marital assets of the parties.
  • The desirability of retaining the marital home as a residence for any dependent child
  • The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.
  • Any other factors necessary to do equity and justice between the parties.

Spousal Support

Depending on the spouses’ separate incomes, one spouse may owe the other spousal support, also known as alimony. When deciding to award alimony, and how much, a court will consider a number of factors, including:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The contribution of each party to the marriage, including, but not limited to, services rendered.
  • The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each.
  • The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
  • in homemaking, child care, education, and career building of the other party.
  • The responsibilities each party will have with regard to any minor children they have in common.
  • The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
  • All sources of income available to either party, including income available to either party through investments of any asset held by that party.
  • Any other factor necessary to do equity and justice between the parties.

Children

Child custody and child support are common issues for parents facing divorce. Child support is calculated based on the income of both parents.