If you are seeking to end your marriage, you may be wondering how to file for a divorce in Florida. The process of filing for a divorce can seem relatively simple. However, simply filing is only the first step. Before the divorce can be finalized, multiple issues must be settled first. Family law cases can quickly become complex, so it’s a good idea to consult an experienced divorce attorney when preparing for a divorce.
The Steps to Filing for Divorce in Florida
When you’re ready to divorce, you need to be sure you meet the state’s residency requirements. To file for divorce in Florida, at least one of the spouses must have resided within the state for six months prior to filing the petition.
You must then have valid grounds, or a legally acceptable reason, for the divorce. In Florida, grounds for divorce include:
- The marriage is irretrievably broken.
- One spouse was declared mentally incapacitated.
If domestic violence is involved, this can be brought to the judge’s attention, with the assertion that divorce would be in the interests of all parties.
The next step is to fill out the necessary divorce paperwork and have copies sent to your spouse. A qualified and experienced divorce attorney can assist you with filing a summons, preparing the divorce petition, and navigating the process of serving your spouse with the papers.
If your spouse disagrees with the content of the divorce papers, they can contest the divorce, and court proceedings will soon follow to resolve the issues. If there are no disagreements, your spouse can simply sign the papers and return them to you. This is known as a simplified divorce, which may be possible if you don’t have children together. Otherwise, a regular petition for divorce is filed.
Why Should I Hire a Divorce Lawyer in Florida?
In 2021, the rate of divorce in Florida was 3.4 per 1,000 people, which was slightly higher than the rate in 2020, which was 3.0 divorces filed per 1,000 total population. The rate of divorce across the country in 2023 was 2.4 divorces per 1,000 individuals.
It’s a good idea to hire a divorce lawyer before filing, as Florida divorce laws can often be complicated, and the proceedings can be overwhelming. Once you have filed the necessary paperwork, these are the main divorce proceedings that will follow, which a qualified and skilled divorce attorney can help you with:
- Alimony. Also called spousal support or maintenance, alimony is designed to provide aid to the lower-earning spouse within a divorce.
- Child custody and support. If you and your spouse share children, a custody arrangement must be decided upon by the court and in accordance with the child’s best interests. An essential part of a parenting plan is determining child support, which is financial aid paid by one parent to the other to help support the child’s needs.
- Equitable asset division. In Florida, marital property is divided in a fair and equitable manner during a divorce.
The specific family court that may handle your divorce filing and related proceedings depends on various factors, primarily on where in the state you are located. Divorce cases in the Naples area are usually processed at the Collier County Courthouse, located at 3315 Tamiami Trail East, Naples, FL 34112. Consult your family law attorney to learn more about where your Florida divorce case may be processed.
Choose Shemkus Family Law, P.A., for Your Divorce Needs
When you work with the dedicated team of family law attorneys at Shemkus Family Law, P.A., you can rely on our quality legal advice and discretion. Our divorce lawyers focus on providing personalized support and representation to each of our clients. We have successfully counseled countless individuals from all walks of life in Naples, including professionals, retirees, parents, and more.
FAQs
What Is the First Step in Filing for Divorce in Florida?
Before you can file for divorce in Florida, you must meet the state’s requirement for residency status. Either you or your spouse needs to have lived in the state for at least six months before beginning the filing process. The next steps in filing for divorce are identifying valid grounds for the divorce, such as the irretrievable breakdown of the marriage, and filling out the necessary paperwork. You must then serve your spouse the papers.
Do I Need to Hire a Divorce Lawyer in Florida?
You aren’t required by law to hire a divorce lawyer in Florida, although it’s highly recommended that you work with a family law attorney. A divorce lawyer can make sure your case avoids unnecessary delays due to paperwork errors or other challenges. Divorce includes multiple important matters that can impact your future, such as child custody, alimony, and property division. A lawyer can advocate for you on these issues.
What If My Spouse Doesn’t Respond in Florida?
In Florida, if your spouse doesn’t respond to your request for a divorce after you’ve served them the paperwork, you still have legal options. You can ask the court for a default judgment on the divorce, which allows the proceedings to continue without your spouse’s input. To request a default judgment, you must file a motion for a clerk’s default. After this, your spouse can lose their right to participate in the proceedings.
How Long Does It Take to Finish a Divorce in Florida?
In Florida, how long it can take to finish a divorce ranges quite a bit, depending on the details of your case. Some cases may only take a few weeks to settle if it’s an uncontested divorce. Complex cases, such as highly contested divorces, may take a year or longer to resolve. A qualified and experienced divorce lawyer can streamline this process, no matter how complicated your case may be.
Experienced Comprehensive Divorce Lawyers
At Shemkus Family Law, P.A., our professional legal team provides high-quality counsel and representation to each of our clients. In addition to being attuned to your needs, we are also deeply familiar with the local laws and regulations surrounding divorce. Contact us today to schedule an initial meeting with a knowledgeable and skilled family law attorney.
