The official legal term for divorce in Florida is “dissolution of marriage.” The dissolution of marriage process can be emotionally and financially overwhelming, particularly when you do not know what to expect. Understanding the Florida dissolution process and the decisions that may arise along the way can help you prepare for each stage of your case.
Every Florida divorce is different. The issues may include the division of marital assets and liabilities, alimony, parental responsibility, time sharing, child support, and attorneys’ fees and costs. Some spouses agree on most issues and resolve their case relatively quickly, while others require extensive financial disclosure, discovery, mediation, expert involvement, or trial.
Florida’s divorce statutes, court rules, and procedural deadlines can significantly affect your rights and obligations. Although court personnel may provide general procedural information, they cannot give legal advice or recommend how you should handle your case. An experienced Florida divorce attorney can evaluate your circumstances, explain your options, and help protect your financial and parental rights.
The following overview explains the principal stages of a Florida dissolution of marriage, from filing the initial petition and exchanging financial information through settlement negotiations, mediation, and, when an agreement cannot be reached, trial.
Grounds for Divorce in Florida.
Florida is a “no-fault” divorce state. This means that a spouse does not need to prove adultery, abandonment, cruelty, or other marital misconduct to obtain a divorce. Instead, the party seeking dissolution must establish that a valid marriage exists, that at least one spouse resided in Florida for the six months immediately preceding the filing of the petition, and that the marriage is irretrievably broken.
Either spouse may seek a dissolution of marriage, even if the other spouse does not want a divorce. Although fault is not required to dissolve the marriage, a spouse’s conduct may still be considered when it is legally relevant to a specific disputed issue.
Filing the Petition.
The formal dissolution process begins when one spouse files a petition for dissolution of marriage in the appropriate Florida circuit court. Generally, the petition is filed in the county where the spouses last lived together or in another county where venue is legally proper.
The spouse who files the petition is known as the petitioner. The petition alleges that the marriage is irretrievably broken and identifies the relief the petitioner is requesting. Depending on the circumstances, that relief may include dissolution of the marriage, equitable distribution of marital assets and liabilities, alimony, parental responsibility, a parenting plan and timesharing schedule, child support, and attorneys’ fees and costs.
After being formally served with the petition, the other spouse—known as the respondent—generally has 20 days to file a response. The respondent may file an answer admitting or denying the allegations and may also file a counterpetition requesting additional or different relief from the court.
Financial Disclosure.
Florida’s family-law rules require each party to provide the other with specified financial documents and a completed financial affidavit, generally within 45 days after service of the petition or before a temporary financial hearing. This process, known as mandatory disclosure, is intended to ensure that both parties have sufficient information regarding the income, expenses, assets, and liabilities relevant to the case.
A party’s failure to provide the required information may result in sanctions, including orders compelling disclosure, the exclusion of evidence, an award of attorneys’ fees, or other appropriate relief. Although the parties or the court may modify certain disclosure requirements, a financial affidavit generally may not be waived when financial relief is sought.
When child support is at issue, a child-support guidelines worksheet must also be filed with the court at or before any hearing concerning child support. This requirement may not be waived by either the parties or the court.
Settlement Negotiations
Reaching an agreement instead of leaving disputed issues for a judge to decide gives the parties greater control over the outcome. It also allows them to develop terms tailored to their family’s particular circumstances, terms with which they may be more likely to comply.
Some spouses reach agreements concerning property, parental responsibility, timesharing, support, and other post-divorce arrangements before or shortly after filing the petition. The parties may memorialize those terms in a written marital settlement agreement, parenting plan, or both and submit the agreement to the court for approval.
Other spouses initially disagree but resolve their differences through negotiations conducted by the parties and their attorneys. Once an agreement is reached, the parties may appear at an uncontested final hearing and ask the court to approve the agreement and incorporate it into the final judgment. Depending on the circumstances and the court’s schedule, an uncontested dissolution may be completed relatively quickly.
Mediation.
Mediation is a confidential process in which a neutral third party helps the spouses identify disputed issues, consider possible resolutions, and negotiate an agreement. The mediator does not decide the case or impose a result. Instead, the mediator facilitates communication and helps the parties explore whether they can resolve some or all of their disagreements without trial.
The purpose of mediation is not to reconcile the spouses or preserve the marriage. Rather, it is to help them reach mutually acceptable terms for ending the marriage and addressing its financial and parenting consequences. Many Florida courts require parties to participate in mediation before scheduling a contested final hearing.
Even when mediation does not resolve the entire case, it can narrow the issues that must be presented to the court. Any unresolved issues may then proceed to trial.
Trial.
When the parties cannot reach a complete agreement, the remaining contested issues must be decided by the court at a final hearing or trial. Before trial, the parties generally complete discovery, exchange evidence, take depositions when necessary, retain experts where appropriate, and comply with the court’s pretrial orders and deadlines.
At trial, each party may present testimony, introduce admissible documents and other evidence, call expert witnesses, and cross-examine the opposing party’s witnesses. Depending on the issues presented, the court may consider evidence concerning the parties’ finances, marital assets and liabilities, earning capacities, contributions to the marriage, and, when children are involved, the factors affecting their best interests.
Unlike a jury trial, a dissolution proceeding is decided by a circuit court judge. After considering the evidence and applying Florida law, the judge determines all unresolved issues, which may include equitable distribution, alimony, attorneys’ fees and costs, parental responsibility, timesharing, and child support.
The court’s rulings are set forth in a written final judgment that dissolves the marriage and establishes the parties’ rights and obligations going forward. Because the result of a trial is placed in the judge’s hands and may not fully satisfy either party, settlement remains possible and is often encouraged throughout the case, including after trial preparation has begun.
The information on this page is provided for educational purposes only and does not constitute legal advice. Consult with a qualified attorney before acting or relying upon any information provided herein.