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Filing For Divorce in Florida

If you are considering filing for divorce in Florida, don't work through the divorce process alone. A Florida divorce attorney, you can talk to you about Florida divorce laws and how you and your family may be affected. Find a local divorce attorney in Florida with the help of Total Divorce. Once you have filled out a Florida divorce case review form or called us at 877-349-1310, Total Divorce can connect you with a sponsoring Florida divorce attorney and set up a preliminary consultation.

Overview of Florida Divorce Law

Get advice throughout the Florida divorce process from a local Florida divorce attorney.

Grounds for Divorce in Florida: Florida divorce courts accept divorce petitions on no fault grounds. You or your spouse may file for divorce on the assertion that your marriage is irretrievably broken, without claiming wrongdoing on the part of either spouse. Florida also allows for divorce on the grounds of mental incapacity.

Florida Divorce Residency Requirements: According to Florida divorce law, either you or your spouse must live in Florida for at least six months before filing for divorce.

Florida Property Division: When determining property division, the Florida divorce courts will first award any non-marital property to the spouse who separately owns that property. Marital property is presumed to be divided equally, unless such division would result in injustice. In determining whether or not equal division is just, the court will consider several factors such as:

  • Each spouses' contribution in the marriage
  • Length of the marriage
  • Economic circumstances
  • Any destruction of marital assets
  • Other factors to make property division between you and your spouse fair

Florida Divorce Waiting Periods: There is no waiting period mandated by Florida divorce law before filing for divorce. Once the divorce petition is filed, the final decree may not be entered until at least 20 days have passed. However, if such a delay would result in injustice, the court may waive the 20-day waiting period. Once the divorce decree has been finalized, there is no waiting period to remarry for you or your spouse.

Child Custody in Florida: Florida divorce courts work with the parents to determine a Parenting Plan and time-sharing arrangement for their child or children. If the parents cannot agree on a Parenting Plan that meets court-approval, the court will establish a Parenting Plan based on what's in the best interests of the child. Florida divorce law encourages continuing contact between the child and both parents and for you and your spouse to share the rights, responsibilities and joys of raising your child.

Florida Child Support Order: Florida child support guidelines consider the income of both parties and then pro-rate the child support obligation to each parent in proportion to his or her income. The custodial parent is presumed to provide that support directly, while the non-custodial parent typically pays his or her share to the custodial parent. Extraordinary factors or expenses may justify departure from the guidelines.

Florida divorce law continues to change and be updated. By speaking with a local divorce attorney in Florida, you can learn more about Florida divorce law. A local Florida divorce attorney can help you through the divorce process. Connect with a Florida divorce attorney by filling out the form below or calling 877-349-1310.

Case Evaluation

The above synopsis of Florida divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.