Florida Divorce FAQ
What’s the difference between divorce and dissolution of marriage?
In Florida law, divorce is known as “Dissolution of Marriage.”
What is a simplified dissolution?
Florida state law allows for a simplified divorce procedure. This type of divorce was created so that attorneys would not need to get involved, but it is still a good idea to have one; a qualified family law attorney can make sure you fill out all necessary forms with the correct information. Benefits of a simplified dissolution include saving money and avoiding the general emotional stress of a regular dissolution.
Am I eligible to file for a simplified dissolution?
Under Florida law, all of the following criteria must be met in order to be eligible to file a simplified dissolution:
- Both parties agree the marriage is irreconcilable
- Neither party is pregnant
- Neither seeks alimony
- Parties agree on division of assets and debts
- Have not adopt children under 18
- Do not have minor and/or dependent children
- One member of party has lived in Florida for past six months
- Both parties agree to use simplified dissolution
If even one of these criteria is not met, simplified dissolution cannot be used.
How can I file for divorce?
The first step in filing for a divorce in Florida is to complete the necessary forms. You should file a Petition for Dissolution of Marriage in the county where you live. Which of the three specific petition forms you fill out is determined by whether you have children or shared property.
What do I do if I was served divorce papers?
As the Respondent in the case, you need to legally reply by filling out an Answer form. There are several available Answer forms depending on how you wish to proceed and if you have children or shared property. An experienced family attorney can help you decide and correctly fill out the forms.
What happens if we have kids?
Children (minors under 18) can make the process a bit more difficult and also excludes the parties from filing a simplified dissolution. In divorce cases with children additional factors will be considered, such as child support and time-sharing agreements. During this process you must put the children’s needs at the forefront.
Am I eligible to file for divorce in Florida?
To get a divorce in Florida, state law requires that you or your spouse have lived in the state for a list six months prior to filing a petition.
What type of attorney should I get?
You should seek the legal counsel of an experienced family law attorney like Gustavo E. Frances. Family law attorneys have in-depth knowledge regarding Florida laws on marriage, divorce, child support, and temporary support.
Should I self-represent?
In the majority of cases it is best to not self-represent. Unless you are well versed and trained in legal proceedings, you should get an attorney to assist you in this process. Having a family law attorney like Gustavo E. Frances, P.A. represent you in your divorce gives you the opportunity in receiving your fair share from the divorce; he will make sure that you understand your rights and responsibilities.
On what grounds may I file for a divorce?
Florida law has two grounds for divorce: The marriage is irretrievably broken or the mental incapacity of one party for three years. Florida is a no-fault divorce state.
Have More Questions?
Contact the Law Office of Gustavo E. Frances today to see how he can help you. Call toll-free at 1-800-860-6565 or complete the online form. Frances serves clients throughout the Florida area, including Fort Lauderdale, Deerfield Beach, Palm Beach County, and Pembroke Pines.
Going through a family divorce is never easy, especially when there are children involved.MY IMMEDIATE STEPS