DIVORCE IN FLORIDA: FAQS
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Many people who come to our firm for assistance are seeking a first divorce and may not be familiar with many of the specific details of how divorces are handled in the state of Florida. To help you understand more on the topic of divorce in Florida, we have complied a short list of frequently asked questions below.
How can I get a divorce in Florida?
Florida is a no-fault state, which means that a couple does not have to cite a reason for a divorce beyond simply claiming that a marriage is “irretrievably broken.” In order to get a divorce in Florida, you must be a Florida resident for at least six months prior to filing a divorce petition.
How long does the process take?
This largely depends on whether the divorce is contested or uncontested. Contested divorces, or divorces in which both parties cannot come to an agreement on the terms of their divorce (i.e. property division, child custody and support, alimony, etc.) typically take much longer to resolve because the matter must be brought before the Court. Uncontested divorces, or divorces where the couple can amicably come to agreements about the terms of their separation, are more efficient and are thus quicker.
What is the most cost-effective way to obtain a divorce?
Couples who are able to work cooperatively during the divorce process can save more money because they avoid having to litigate the matter in court. Mediation services are a great way to make a divorce more efficient. A third party mediator can help couples have productive discussions on their divorce terms in the spirit of compromise, minimizing stress and contention. Click here to book a mediation session.
Can I represent myself?
It is always best to seek legal counsel. Without legal training, it can be difficult to know what your rights are, and you may end up not asking for things you are really entitled to or agreeing to things you don’t have to agree to. That is why it is best to rely on someone who has the education, training, and experience to handle these types of cases. The Daytona Beach family law attorneys at The Law Offices of Ross & Glover have more than three decades of experience handling divorce cases in Florida, so you can be confident that when you choose to work with us, your best interests will be our top priority.
What if my spouse refuses to acknowledge divorce papers? Can I still get a divorce?
Yes. If your spouse refuses to answer your divorce papers, or continually dodges service, you can be granted a divorce by default during a hearing. The other spouse does not have to be present at this hearing, nor do they have to sign the final decree. Because Florida is a no-fault state, there is no way for a spouse who does not want the divorce to contest a claim from the other spouse that the marriage is “irretrievably broken.”
