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Florida Frequently Asked Questions
Frequently Asked Questions About Florida Divorce
Divorce can be a sensitive issue for anyone, especially those who are going through it.
As Florida’s divorce rates increase, many families, unfortunately, have to deal with the gruesome reality of separation and dividing the family unit.
If you are preparing for this process, you probably have several questions you would like to have answered – answers that can help you understand the problems you are about to face and how to deal with them.
When you decide to get a divorce, you should keep in mind a couple of issues. First, you must determine if you meet all the legal requirements to go through the process. To file for divorce, one of the spouses has to be a resident of Florida for at least six months prior to the filing. Also, one or both of the spouses must believe that marriage is irretrievably broken beyond repair.
- How do I file for divorce?
If the marriage is irreparable, you can file for a petition for dissolution of marriage, which includes your terms of the divorce. There are four types of petitions that you can file, depending on your situation:
- Petition for Simplified Dissolution of Marriage
- Petition for Dissolution of Marriage with a Dependent or Minor Child
- Petition for Dissolution of Marriage with Property but No Dependent
- Petition for Dissolution of Marriage with No Property or Dependent
The other spouse has to be personally served with the Petition for Dissolution of Marriage and will have to respond within 20 days. Both spouses also may have to provide several financial documents referred to as mandatory disclosure and a financial affidavit. If the spouses cannot agree upon the division of their assets, they will have to first go to mediation. If parties still do not reach an agreement then a trial will be scheduled.
- How long will my divorce take?
Even though every couple has to follow Florida’s state laws pertaining to dissolution, the amount of time that any specific divorce will take depends entirely on that couple and the type of divorce they are filing. The quickest and easiest process is an uncontested divorce.
In Florida, all assets and debts are divided by ‘equitable distribution,‘ meaning fair division and usually a 50/50 split. Spouses are free to agree on how to divide their property themselves, or if they cannot come to an agreement, the court will have to make a decision for them. Some assets or property can be considered non-marital and will not be divided because it belongs only to one spouse.
- How is child support determined?
Once the time-sharing is determined, child support is calculated. To determine the amount of child support, the court will look at several factors, including the income of both parents, time-sharing with each parent, and what is best for the child.
- How can I change my name?
You can request for your name to be changed back to what it was before the marriage in your petition or counter-petition for the dissolution of marriage. The judge will order this change in the Final Judgment of Dissolution of Marriage.
If you would like to discuss the specifics of your divorce or paternity case or need help with understanding custody and time-sharing, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.
Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.
At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients. Attorney Diaz practices exclusively in divorce and family law in Florida.
Written by Debora A. Diaz, Esq.