Florida Divorce Basics

Florida is a “no fault” divorce state, where either or both parties of a martial union may seek divorce without “just cause”. This occludes any “fault” basis to a divorce petition, such as the second-degree misdemeanor crime of adultery. “No fault” petitions provide for mutual assent to martial separation, and allow for assent to legal terms associated with the division of assets and debts, alimony, and child custody and support. Uncontested divorces, or “simplified dissolution of marriage”, require that at least one spouse reside in Florida for a period of at least six months, and that there is full agreement on division of assets and debts, with no party seeking alimony.

The Divorce Petition Process

The standard statutory waiting period for a divorce filing to finalize in the state of Florida is anywhere from six months to one year. The total time to divorce depends on the divorce proceeding, the court schedule, or attorney arrangement. Disputes over child custody, financial agreements, property, litigation of business ownerships, or temporary orders can extend the filing period.

Florida Divorce Basics

Eligibility for a “no fault” divorce petition by military parties in Florida follows civilian law, requiring that one spouse be stationed or live in the state for at least six months prior to filing the divorce petition.

Division of Marital Property

Real estate and other major property can create formidable delays in a divorce proceeding. Most real estate assets are sold for distribution between spouses in Florida divorce cases. Not a community property state, Florida courts typically divide property equitably rather than equally during a divorce proceeding. In consideration of alimony and property, a court may take in account the financial contribution, spousal treatment, and length of martial agreement, along with other factors such as the age of spouse, to determine “fair” apportionment of assets.

Protect Your Rights in a Divorce

Trained in mediation and litigation, a divorce attorney can assist a petitioner in valuation of assets, property and investments, and debt obligations required to finalize a divorce case. Experienced divorce attorneys are also family law attorneys, specializing in child custody and the child support process. Regardless of the circumstances leading to marital separation, during a divorce proceeding it is important to protect your rights. Hire a licensed family law attorney to protect yourself in negotiation of alimony, child custody, finances, and property in court.

File a Divorce Petition in Florida

Divorce petitions filed by an experienced family attorney have a better probability of protecting a claimant’s rights in court. If you are seeking a divorce in the state of Florida, our family law attorneys at Hardesty, Tyde, Green, and Ashton R.A. specialize in divorce proceedings. Our attorneys can assist you in protecting your rights to property and family when filing a divorce petition. Contact us for a professional divorce consultation with an experienced attorney.

Additional Reading:

Should You File a Surprise Divorce?

Should You Expect Alimony After a Divorce in Florida?