FREQUENTY ASKED QUESTIONS
How do I get a divorce in Florida?
- Florida is one of the easiest states to get divorced in. If both spouses agree to get a divorce and if you agree how you will divide your belongings and debts, if any, and if there are no minor or dependent children, the divorce process can be inexpensive and painless. One of you must meet Florida's residency requirements (see Florida residency requirements below) and have valid identification, and one of you must be willing to go to a short court hearing. There is a filing fee that must be paid when your documents are filed with the clerk of the court, but depending on your income, you may qualify to have the filing fee waived. (When you call us we will check on your eligibility for this waiver.) If there are minor or dependent children, the divorce process is a lot more complicated, but the steps outlined above are still applicable. For further information, give us a call and we will be happy to answer all of your questions for your particular situation. Our telephone consultation are free.
My spouse lives in a different state, can I file for divorce in Florida?
- Yes. You can file your divorce in Florida regardless of where your spouse lives.
I don't know where my spouse lives, can I still get divorced?
- Yes. You must conduct a good faith search for your spouse and you must publish a legal notice in a local newspaper for a certain period of time. But the court may not order any division of property or award any alimony until your spouse is found and served with the papers. Our missing spouse divorce method can help.
Can I use a paralegal for my divorce?
- You can use a paralegal to prepare legal papers, but not for legal advice, that would be practicing law without a license.
Do I need to prove that my spouse has done something wrong?
- No. Florida is a "no-fault" state, which means that a dissolution of a marriage does not require a showing of wrongdoing by either person.
How long will it take before I am divorced?
- It depends on your whether your case is contested or uncontested. If it is uncontested, and both spouses sign the requred documents, the divorce could be granted within 2 months.
Can I get a legal separation in Florida?
- The short answer is that Florida does not provide for a "legal separation." The reason is that Florida, like most states, is a "no fault" divorce state. In Florida, the usual allegation for dissolving a marriage is that it is "irretrievably broken" so there is no hope of a reconciliation. But you do have 2 choices: you can file an action for "Support Unconnected with Dissolution of Marriage," if you are planning on living apart and you want the court to "approve" the terms. Or you can execute a mediation or settlement agreement outlining the terms of your "separation" without having it approved by the court. If you need to enforce it, you can enforce it as a contract if and when the need arises. The method you choose will depend on how much court involvement you want.
Is there a residency requirement?
- Yes. One spouse must be a Florida for at least six months prior to filing for divorce.
Am I eligible for alimony?
- Alimony is typically awarded in a marriage of 15 years or more where there is a disparity in income. Marriages between 7 and 15 years can go either way, depending upon the facts of each case.