What You Should Know Before Getting A Divorce In Florida
Florida Divorce Laws: A Practical Guide to the Divorce Process and Your Legal Rights
No matter what part of the world you’re in, a divorce is never easy for anyone. A Florida divorce can impact your home, relationship with your children, your finances, and much more.
Just like with any major legal process, it is imperative that you educate yourself about what filing for divorce in Florida actually entails. Questions like how much does a divorce cost in Florida, and what happens to the family home after separation, are key to ask. That’s why our guide is here. We will go over everything you need to know before you take this significant step in your life.
Check Residency Requirements
Before anything else begins, you must ensure that you’re allowed to get a divorce in Florida in the first place. For this, one of you must be a resident of the state. At least one of the spouses must have resided in the state for six months or more before filing the petition. It’s not required for both of you to be residents of Florida.
You may need to provide some evidence to prove you meet the Florida divorce residency requirement. Sharing a driver’s license, voter registration status, or testimony from someone is usually enough. It’s also worth noting that this is a no-fault divorce state, meaning that you don’t have to prove adultery or other misconduct to get a divorce.
Simplified vs. Regular Dissolution
Divorce in Florida is referred to as dissolution of marriage. There are two separate routes you can take, depending on your circumstances. The basic Florida divorce requirements stay the same in both, but the time and effort required are significantly different.
Simplified Dissolution
If you don’t have any minor children, the wife is not pregnant, and neither spouse wants alimony, then you can opt for a Florida simplified divorce as long as both of you are in agreement regarding financial arrangements. For such separations, using the class-leading divorce paperwork service YourForms makes the procedure even easier and quicker.
Regular Dissolution
A regular dissolution of marriage in Florida is more flexible and accounts for young children, alimony, property disputes, and other relevant issues. A regular dissolution can also be uncontested if both spouses reach an agreement.
In both cases, the Florida Courts provide free forms and guidance online. When wondering how much a divorce costs in Florida, expect a mandatory court filing fee of approximately $409. By using a guided online service like YourForms (which offers transparent pricing starting at a $69 setup fee plus a small monthly charge), your total cost remains highly predictable and far below traditional attorney retainers.
Disclose Your Finances
Florida divorce laws require both spouses to disclose certain finances in the case of a regular dissolution. This helps both sides understand the household’s financial position and gives the court a clearer view of how asset and debt distribution can be kept fair. In general, you should gather the following:
Tax returns
Pay statements
Bank records
Credit card balances
Mortgage documents
Investment statements
Remember not to hide your assets or move any money to keep it undisclosed. If you feel like your spouse isn’t being transparent about this, ask your Florida divorce attorney to step in and request the relevant information.
Understand Equitable Distribution
Florida courts start with the presumption of a 50/50 split. However, a judge can adjust this baseline to ensure Florida marital property is divided fairly (equitably) based on each spouse's financial circumstances and contributions to the marriage. Marital property may include:
A home purchased during the marriage
Savings accumulated from earnings
Vehicles
Investments
Retirement benefits
Remember that the starting point is a presumption of equal distribution, not a guarantee. The court may order an unequal division if the circumstances justify it.
Retirement accounts require special care in this regard. A pension or 401(k) might contain a marital portion, even if it’s not in both spouses’ names. Debts are also divided fairly under the state’s law. These may include mortgages, car loans, and credit card loans. Certain assets and liabilities are termed nonmarital, and these are not divided. In this way, Florida’s equitable distribution takes into account everything post-marriage to give both parties a fair share.
Alimony and Its Financial Implications
Florida’s debt division is not the only financial worry you’ll have. Your spouse may also be eligible for alimony. The court considers factors like the duration of the marriage, each spouse’s earning capacity, and contributions to the household before deciding if spousal support is ordered.
In Florida, alimony can take the form of temporary, bridge-the-gap, rehabilitative, and durational. The court decides which type of financial support applies.
Prepare a Parenting Plan
Parental responsibilities are divided into parental responsibility and time-sharing. The former describes how parents make decisions for their kids, while the latter is about dividing parenting time. A court-approved Florida parenting plan outlines daily responsibilities, healthcare, and education. Notably, state law now presumes that equal (50/50) time-sharing is in the child's best interest unless proven otherwise.
In Florida, child support is treated separately. The decision considers the parents’ incomes, the number of children, overall costs of healthcare and education, and more to determine who pays how much. Building a parenting plan yourself around the child’s needs rather than fighting about these issues in court is usually a good idea, both for your mental well-being and for the children’s growth.
Consider a Mediation
The Florida divorce process also allows for mediation to help resolve contested issues before trial. This allows the spouses to work through disagreements with the help of a neutral third party. This is especially helpful for introverts for couples who want to save money and avoid the stress of lengthy court hearings and hostile negotiations.
Mediation can help address issues like division of marital assets in Florida, parenting arrangements, alimony, and more. If you and your partner do end up using a mediator to resolve every major issue, you can sign a Florida divorce settlement and use a service like YourForms to fill out and organize your paperwork.
Remember that choosing to divorce your partner is a difficult decision as it is, so the easier you can make the process for yourselves, the quicker you can get through it and start getting on with your new lives.