Divorce

What are the Requirements to Get a Divorce in Florida?

Either party can file for divorce (formally referred to a dissolution of marriage action) in Florida if: (1) they were legally married, (2) either party has been a resident of Florida for at least six months prior to the filing of the divorce action, and (3) that the marriage is “irretrievably broken” or one of the parties has been declared mentally incapacitated for a preceding period of at least three years. Florida is a “no fault” divorce state, meaning that fault (such as infidelity or marital waste) does not need to be established in order to obtain a divorce. However, under certain circumstances, the Court can consider fault when addressing specific issues within the divorce such as equitable distribution, alimony, or parental responsibility.

Once these requirements have been met, the party filing for divorce can choose whether they will be filing a regular or simplified divorce. To learn more about Florida’s two forms of divorce, please refer to our Regular v. Simplified Divorce page.

What Issues are Decided in a Divorce?

The issues in each divorce case are different as the rights and obligations arising out of that specific marriage must be addressed. Some of the most common issues addressed in divorces are: responsibility (decision making for the children), timesharing (what Florida now calls custody and visitation), equitable distribution (the division of marital assets and liabilities), child support, attorney’s fees, exclusive use of the marital home, and reinstatement of the Wife’s maiden name.

How Much Does a Divorce Cost?

How much a divorce will cost depends on various factors such as how many issues there are, the complexity of the contested issues, how realistic and reasonable the parties (and their respective lawyers are), and how much litigation is necessary to obtain needed information and resolve issues.

Most often, divorce attorneys require that a retainer be paid and they bill their hourly rate against the retainer, requiring the retainer to be replenished during the case as may be necessary. Under certain circumstances, such as when a case is uncontested or fairly simple, attorneys may charge a flat fee for their services. In addition to attorney’s fees, you will also have costs during your divorce, which may include the filing fee charged by the Court, process server fees, court reporter fees, mediator fees, and smaller costs such as postage.

How The Aabbott Law Firm Can Help You

If you or your spouse are contemplating filing for divorce, it is important that you learn what rights and obligations you will have right away as Florida law has various time-sensitive matters that can result in the permanent waiver of rights. You may have friends, family members, or even your spouse telling you what you are entitled to. However, keep in mind that ever case is different and the person advising you likely does not have a real understanding of Florida law and/or may be more interested in protecting their own interests. You should consult with an experienced divorce attorney who can review the facts of your case with you and give you candid and savvy advice.

At the Aabbott Law Firm, we exclusively practice divorce, family, and appellate law. We will explain your options to you, help you make the best decisions, and then help you obtain the results you want through settlement or trial, if needed. Regardless of whether your divorce is simple or complex, we will work hard to bring your case to resolution as quickly and inexpensively as possible, while prioritizing the emotional wellbeing of you and your children. Call us today to schedule a free consultation.