top of page
Search

Navigating Florida Divorce 101: A Guide for Young Couples

a mom and child with a man
media by wix
Understanding the Basics of Divorce in Florida

As a young couple going through a divorce, it's essential to understand the basics of the process and what to expect. Florida divorce laws can be complex, but being informed will help you navigate this challenging time.


Key Considerations for Young Couples

  • Residency Requirements: To file for divorce in Florida, one spouse must have been a resident for at least six months before filing1.

  • No-Fault Divorce: Florida is a no-fault divorce state, meaning you don't need to prove that your partner has done you wrong, just that your marriage is irreversibly broken2.

  • Property Division: Florida follows fair distribution principles, which means marital assets are divided fairly but not necessarily equally3.


Filing Options in Florida

Florida offers several filing options for divorce, depending on the complexity of the case and the level of agreement between spouses.

  1. Simplified Dissolution of Marriage: This is the most straightforward option for couples who:

    • Have no minor children together

    • Are not expecting a child

    • Agree on the division of assets and debts

    • Waive their right to a trial and appeal

    This process is relatively quick and cost-effective, typically taking less than 30 days to finalize4.

  2. Uncontested Divorce: If both spouses agree on all terms but don't qualify for a simplified dissolution, they can still file for an uncontested divorce. This involves submitting a written agreement outlining the terms of the divorce.


Average Filing Fees

The average filing fee for a divorce in Florida is around $408-$410, varying by county5. Additional costs may include:

  • A summons fee: approximately $10

  • Service of process fees: $40-$100, depending on the method of service

For those who cannot afford these fees, Florida courts offer an Application for Determination of Civil Indigent Status, which may waive or reduce the fees6.


Divorce Process Timeline

The timeline for a divorce in Florida can vary significantly based on whether the divorce is contested or uncontested.

  • Uncontested Divorce: Typically takes 3-6 months to complete. After filing the petition, there's a mandatory 20-day waiting period before the judge can complete the divorce7.

  • Contested Divorce: Can take significantly longer, often ranging from six months to over a year, depending on the complexity of the issues at dispute8.


Step-by-Step Divorce Process

  1. Filing the Petition: One spouse files a Petition for Dissolution of Marriage with the circuit court.

  2. Serving the Petition: A sheriff or certified process server serves with the divorce papers, usually the other spouse.

  3. Financial Disclosures: Both spouses must exchange financial affidavits within 45 days of being served.

  4. Settlement or Trial: Couples can negotiate a settlement agreement or proceed to trial if they cannot agree on terms.

  5. Final Judgment: The judge reviews the agreement or trial outcomes and signs the Final Judgment of Dissolution of Marriage.


Tips for Navigating Your First Divorce

  • Seek Professional Help: Consider hiring an attorney to guide you through the process, especially if you have complex assets or disagreements.

  • Communicate Effectively: Try to communicate with your ex-spouse to resolve issues amicably.

  • Take Care of Yourself: Divorce can be emotionally challenging, so prioritize self-care and seek support when needed.

By understanding the filing options and being prepared, you can navigate this process more efficient.


References:

Footnotes
 
 
 

Comments

bottom of page