Divorce in Florida

Like any state, Florida has its own regulations for divorce proceedings, and those procedures can be complex and time consuming. This is why it’s always best to hire an attorney who knows the state’s laws. However, it also helps to know a bit about the state for yourself, as well.

Florida is a no-fault state; this means that no person involved in the divorce is at fault. Only one person must declare that the marriage is broken for there to be grounds for dissolution. One common way to state this is “irreconcilable differences.” Whether you file for a Regular or Simplified Dissolution of Marriage, getting the help of an attorney is always advised. There are forms to fill out first and a lawyer can help sort through them, explain them, and aid in completing them if necessary.

Simplified Dissolution of Marriage

A Simplified Dissolution of Marriage may only require a little help from an attorney. Because of the simplified nature of this type of divorce, not all couples qualify. A couple must meet certain criteria to file for this type of divorce:

• Both spouses must agree that the marriage is over and the differences irreconcilable.
• They must both agree on the type of divorce.
• They must have no dependent children, including any upcoming births.
• One or both must have resided in Florida for a minimum of six months.
• They must agree on all asset and property divisions.

If the couple qualifies, the steps are like many divorces; documents must be filed, a court date must be scheduled, and a judge must authorize the divorce.

Regular Dissolution of Marriage

For a Regular Dissolution of Marriage, one spouse must file for divorce. The proper petition must be filed, meaning that there are specific petitions that cover a Dissolution of Marriage with property, no children, minor children, etc. This spouse must claim that the marriage is broken and declare a desire for divorce, and state any other needs. The other person in the marriage must respond to all parts of the filing and raise any additional issues in 20 days or less. There are also multiple forms for response to the initial divorce filing and the correct one must be used.

Because there are so many steps and specific forms, it is best to hire an attorney. From Social Security forms, to financials, and beyond, things can become complicated. If there are children involved, or the spouses are not in agreement on everything, then it may be more so. A lawyer can clarify the process and help make certain that a spouse does not forget to request something, or miss out on something important.

At Miller Law, we know Florida divorce law. We understand Uncontested, Contested, Simplified, and Regular divorce, and all of the complexities that can accompany any divorce. If you’re ready to file, or you and your spouse are ready to file together, call us and let us help.