Knowledge Library and FAQ's
Do you want to know how to get divorced in Florida?
Exploring the resources we provide on this website will help you prepare for your case involving divorce, child custody, child support, and alimony.
Click on the links below to learn about the topics important to you.
Exploring the resources we provide on this website will help you prepare for your case involving divorce, child custody, child support, and alimony.
Click on the links below to learn about the topics important to you.
Frequently Asked Questions
How do I prepare for mediation?
A successful mediation depends on the organization of essential documents and a concept of what a successful outcome looks like. Discuss all pending issues and review all necessary facts and documents with your attorney. Know everything that needs to be discussed – all the items of property, all the debt, income and expenses, and all parenting issues.
Read more articles about mediation
A successful mediation depends on the organization of essential documents and a concept of what a successful outcome looks like. Discuss all pending issues and review all necessary facts and documents with your attorney. Know everything that needs to be discussed – all the items of property, all the debt, income and expenses, and all parenting issues.
- Compile a list of your goals ahead of time. It is also helpful to prepare possible solutions. An outside expert’s advice may be helpful as well.
- Be prepared to listen and to consider other proposals and ideas offered by the other participants.
- Eat and drink something before mediation, and bring a snack and water with you.
- Let the mediator know when you need a break to clear your head, use the restroom, or take medication.
Read more articles about mediation
What are the grounds for divorce in Florida?
In Florida, there are two grounds for divorce. The first, and most common, way is the court determining the marriage is “irretrievably broken.”
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In Florida, there are two grounds for divorce. The first, and most common, way is the court determining the marriage is “irretrievably broken.”
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What issues will the Judge consider in a divorce?
In addition to dissolving the marriage, divorce cases often include additional issues, such as parenting child custody and timesharing, child support, division of property, and alimony.
What are the requirements to be able to file for a divorce?
At least one spouse must be a resident of Florida for at least six months immediately preceding the filing of the Petition for Dissolution of Marriage. Other types of Petitions do not have the six months residency requirement.
Is Florida a no-fault state?
Florida is a no-fault state, meaning neither party must prove grounds for the divorce (i.e. abandonment, adultery). The only requirement is that the Judge determines the marriage is “irretrievably broken,” meaning there is nothing that can bring the spouses back into a marital relationship.
Does Florida require a legal separation?
Florida has no requirement that parties become legally separated for a period of time. Here is a link to more information about legal separation.
What things should I consider when starting my case?
The cost of a lawsuit can be staggering. Fighting for principle, or for any other reason, is a bad decision that can cause years of negative emotional and financial consequences. Good decisions are based on understanding and information, not panic and emotions. Keep the channels of communication open and do not escalate an already emotional situation. You can make good decisions in a low-conflict and cooperative manner without giving up everything that’s important to you. Complete this Wish List so you can reference throughout your case. You may modify it as time goes on, but it is a good way to organize your thoughts and determine what is most important to you.
What is Equitable Distribution?
Equitable Distribution is the determination of the division of marital property. Marital property includes all property acquired during the marriage, even if it is not titled in both names, with some exceptions. The Judge must begin with the premise that the distribution should be equal, unless there is a reason for an unequal distribution.
How are retirement plans handled in a divorce?
Pension and retirement plans may be considered marital assets. Therefore, it is necessary for the spouses to determine the value of the plan, and it may be necessary to divide the plan by a specific court order called a Qualified Domestic Relations Order (QDRO). Pension and retirement plans may have a nonmarital value if the plan pre-existed the marriage. The nonmarital value should be determined as well. It may be necessary to hire a “pension valuator.” Once the value of the plan is determined, the spouse who has contributed to the plan (“participant spouse”) can decide if he/she wishes to keep all the plan benefits in exchange for other marital assets.
A QDRO is a court order instructing a plan administrator to provide a portion of the plan to the non-participant spouse. Some plans (i.e. military and government pension plans), however, do not accept QDRO’s.
How does the Judge decide the child support amount?
Florida has child support guidelines which must be followed in awarding child support. The guidelines are a formula based on both parent’s income. It also takes into account the parenting time schedule, cost of daycare and medical insurance. There are only a few circumstances when the court can award child support higher or lower than the guidelines.
What will the Judge consider when making parenting decisions?
The Judge is required to decide the “best interests” of the children, not the “best interests” of the parents. It is typically considered that it is in the “best interests” of the children to have frequent and continuing contact with both parents; therefore, the Judge’s decision concerning parenting will focus on how the parents can best share the children’s time and how the parents can make joint decisions concerning the children.
What is shared parental responsibility?
Shared parental responsibility is the decision-making part of parenting. It is the presumption in Florida that both parents will equally share in making major decisions that affect their children. These include medical, educational, and religious decisions. The parent who spends more time with the children does not automatically have all the decision-making responsibility. This would only be true if the Judge has decided one parent has sole parental responsibility or ultimate decision-making authority.
Can my spouse and I both meet with the same attorney?
No. The attorney cannot represent or provide legal advice to both parties. Alternatively, if you and your spouse/significant other want to work cooperatively, we can do so, but we will only meet and represent of you. We will communicate with the other party via email/mail if they are not represented by another attorney.
What is a Magistrate?
A Magistrate hears cases like a Judge. A Magistrate’s decision is reviewed by a Judge before becoming final.
What is a Pro Se party?
You are a Pro Se party if you represent yourself in court without an attorney. Florida divorce law allows you to represent yourself as a Pro Se party while also having an attorney assist you. You can learn more about our DIY services for Pro Se parties.
How do I prepare for my deposition?
-------Listen to the question carefully
-------Take your time
-------Don’t volunteer information
-------Don’t’ let the attorney put words in your mouth
-------Review all documents before discussing them
-------Don’t be afraid to say “I don’t’ know” or “I don’t understand”
-------Ignore the silence- don’t’ feel pressured to keep talking
-------Ask for breaks.
Will the other party be responsible for paying for my attorney’s fees?
Attorney’s fees may be awarded to a party in a family law matter. Domestic violence cases are the exception. No attorney’s fees will not be awarded in domestic violence cases. The Court may order one party to contribute to the other party’s attorney’s fees and costs associated with the litigation. The Court will take into consideration the financial resources of both parties. If you are requesting attorney’s fees and costs be paid by the other party, you will need to demonstrate that you have an actual financial need and that the other party has the ability to pay your reasonable attorney’s fees. The basic principle behind an award for attorney’s fees is to ensure that both parties have the similar ability to secure competent legal counsel. The Court may also consider any factors necessary to do justice and equity.
In addition to dissolving the marriage, divorce cases often include additional issues, such as parenting child custody and timesharing, child support, division of property, and alimony.
What are the requirements to be able to file for a divorce?
At least one spouse must be a resident of Florida for at least six months immediately preceding the filing of the Petition for Dissolution of Marriage. Other types of Petitions do not have the six months residency requirement.
Is Florida a no-fault state?
Florida is a no-fault state, meaning neither party must prove grounds for the divorce (i.e. abandonment, adultery). The only requirement is that the Judge determines the marriage is “irretrievably broken,” meaning there is nothing that can bring the spouses back into a marital relationship.
Does Florida require a legal separation?
Florida has no requirement that parties become legally separated for a period of time. Here is a link to more information about legal separation.
What things should I consider when starting my case?
The cost of a lawsuit can be staggering. Fighting for principle, or for any other reason, is a bad decision that can cause years of negative emotional and financial consequences. Good decisions are based on understanding and information, not panic and emotions. Keep the channels of communication open and do not escalate an already emotional situation. You can make good decisions in a low-conflict and cooperative manner without giving up everything that’s important to you. Complete this Wish List so you can reference throughout your case. You may modify it as time goes on, but it is a good way to organize your thoughts and determine what is most important to you.
What is Equitable Distribution?
Equitable Distribution is the determination of the division of marital property. Marital property includes all property acquired during the marriage, even if it is not titled in both names, with some exceptions. The Judge must begin with the premise that the distribution should be equal, unless there is a reason for an unequal distribution.
How are retirement plans handled in a divorce?
Pension and retirement plans may be considered marital assets. Therefore, it is necessary for the spouses to determine the value of the plan, and it may be necessary to divide the plan by a specific court order called a Qualified Domestic Relations Order (QDRO). Pension and retirement plans may have a nonmarital value if the plan pre-existed the marriage. The nonmarital value should be determined as well. It may be necessary to hire a “pension valuator.” Once the value of the plan is determined, the spouse who has contributed to the plan (“participant spouse”) can decide if he/she wishes to keep all the plan benefits in exchange for other marital assets.
A QDRO is a court order instructing a plan administrator to provide a portion of the plan to the non-participant spouse. Some plans (i.e. military and government pension plans), however, do not accept QDRO’s.
How does the Judge decide the child support amount?
Florida has child support guidelines which must be followed in awarding child support. The guidelines are a formula based on both parent’s income. It also takes into account the parenting time schedule, cost of daycare and medical insurance. There are only a few circumstances when the court can award child support higher or lower than the guidelines.
What will the Judge consider when making parenting decisions?
The Judge is required to decide the “best interests” of the children, not the “best interests” of the parents. It is typically considered that it is in the “best interests” of the children to have frequent and continuing contact with both parents; therefore, the Judge’s decision concerning parenting will focus on how the parents can best share the children’s time and how the parents can make joint decisions concerning the children.
What is shared parental responsibility?
Shared parental responsibility is the decision-making part of parenting. It is the presumption in Florida that both parents will equally share in making major decisions that affect their children. These include medical, educational, and religious decisions. The parent who spends more time with the children does not automatically have all the decision-making responsibility. This would only be true if the Judge has decided one parent has sole parental responsibility or ultimate decision-making authority.
Can my spouse and I both meet with the same attorney?
No. The attorney cannot represent or provide legal advice to both parties. Alternatively, if you and your spouse/significant other want to work cooperatively, we can do so, but we will only meet and represent of you. We will communicate with the other party via email/mail if they are not represented by another attorney.
What is a Magistrate?
A Magistrate hears cases like a Judge. A Magistrate’s decision is reviewed by a Judge before becoming final.
What is a Pro Se party?
You are a Pro Se party if you represent yourself in court without an attorney. Florida divorce law allows you to represent yourself as a Pro Se party while also having an attorney assist you. You can learn more about our DIY services for Pro Se parties.
How do I prepare for my deposition?
- Share all your concerns with your attorney.
- Review all important documents, i.e. anything you prepared, drafted, or signed, Petition and Answer, Deposition transcripts.
- Know the ground rules.
-------Listen to the question carefully
-------Take your time
-------Don’t volunteer information
-------Don’t’ let the attorney put words in your mouth
-------Review all documents before discussing them
-------Don’t be afraid to say “I don’t’ know” or “I don’t understand”
-------Ignore the silence- don’t’ feel pressured to keep talking
-------Ask for breaks.
- Know where to go, what time, and how to get there.
- Know what to bring.
Will the other party be responsible for paying for my attorney’s fees?
Attorney’s fees may be awarded to a party in a family law matter. Domestic violence cases are the exception. No attorney’s fees will not be awarded in domestic violence cases. The Court may order one party to contribute to the other party’s attorney’s fees and costs associated with the litigation. The Court will take into consideration the financial resources of both parties. If you are requesting attorney’s fees and costs be paid by the other party, you will need to demonstrate that you have an actual financial need and that the other party has the ability to pay your reasonable attorney’s fees. The basic principle behind an award for attorney’s fees is to ensure that both parties have the similar ability to secure competent legal counsel. The Court may also consider any factors necessary to do justice and equity.
What is Discovery in a Florida Divorce?
Discovery is a pre-trial process where your side is seeking to get information from your spouse's side or from other people who have helpful and important information.
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Discovery is a pre-trial process where your side is seeking to get information from your spouse's side or from other people who have helpful and important information.
Read more
What Is Mandatory Disclosure in a Florida Divorce?
In Florida, part of the Discovery process includes Mandatory Disclosure, which is a rule requiring the parties to exchange particular documents so that each spouse will be fully informed about the financial circumstances of the other spouse. Mandatory Disclosure applies in any proceeding for permanent financial relief, including any request for child support; alimony, equitable distribution of assets or debts, or attorney’s fees, suit money, or costs.
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In Florida, part of the Discovery process includes Mandatory Disclosure, which is a rule requiring the parties to exchange particular documents so that each spouse will be fully informed about the financial circumstances of the other spouse. Mandatory Disclosure applies in any proceeding for permanent financial relief, including any request for child support; alimony, equitable distribution of assets or debts, or attorney’s fees, suit money, or costs.
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What Documents Must I Provide Under The Mandatory Disclosure Rule?
Florida Rule of Family Court Procedure 12.285 governs the Mandatory Disclosure requirements.
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Florida Rule of Family Court Procedure 12.285 governs the Mandatory Disclosure requirements.
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How Do I Provide The Mandatory Disclosure Documents?
You will file with the court a document called Certificate of Compliance With Mandatory Disclosure. The Certificate will contain your notarized signature that all of the required documents are being disclosed to your spouse.
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You will file with the court a document called Certificate of Compliance With Mandatory Disclosure. The Certificate will contain your notarized signature that all of the required documents are being disclosed to your spouse.
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