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FLORIDA DIVORCE BASICS AND OVERVIEW
This is a divorce reference guide to understanding divorce in Florida. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your uncontested divorce in Florida.
Divorce in Florida Made Easy (See Florida Divorce Help Center)
- Time Frame: A couple can divorce in as few as 30 days, but 20 days are the minimum amount of time that must pass after filing with the clerk of the court.
- Where to File: Circuit court. "In the Circuit Court in and for the County of _______________, Florida." (See Florida Court Addresses)
- Statute Statutes: Florida Statutes Annotated; Chapter 61.
- Name of Action: Dissolution of Marriage.
- Name of Parties: Petitioner (who is the filing party), and Respondent (the other spouse).
- No-Fault or Fault and No-Fault Only: No-fault only. The only requirement for a Florida divorce is that the marriage is irretrievably broken and that the filing spouse meets the residency requirements.
- Primary Documents Filed: Petition for Dissolution of Marriage and Final Judgment of Dissolution of Marriage. (See FL Forms List With Explanations)
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: Separate maintenance and child support are permitted.
- Grounds: Irretrievable breakdown of the marriage. (See Florida Laws for Divorce)
- Residency Requirement: One spouse must live in Florida for six months before filing for a divorce.
- Mediation Required: Maybe. The court may delay dissolution for up to three months when minor children are involved or when one spouse denies the marriage is irretrievable broken.
- Counseling Required: Yes. During a three-month court ordered delay, when ordered by the court, the parties must seek counseling (this applies to a contested divorce, not an uncontested).
- Parenting Classes Required: Yes. Parties in a dissolution of marriage involving minor children or a paternity action allocating parental responsibilities must complete the Parent Education and Family Stabilization Class before the court enters a decree.
- Filing Fee: About $409. (See FL Filing Fee Waiver Form)
- Where to File for Child Support: Florida Child Support Enforcement is under the auspices of the Department of Revenue, Florida's designated child support agency. The Department of Revenue's toll-free number for child support matters is 1-800-622-5437 (1-800-622-KIDS).
- Child Support Guidelines Model: The Income Shares Model.
- Property Division: Florida is an equitable distribution state and uses the dual classification model.
- Appreciation of Separate Property: The appreciation of separate property is separate.
- Attendance at Hearing: Yes. For a standard dissolution, the petitioner goes to the court to finalize the action.
- Fault Considered in Property Division: Yes. Fault may reduce the share of the marital property.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: Generally, the petitioner takes a copy of the Summons and Petition to the local county sheriff's office or a certified process server and provides him or her information about the respondent's whereabouts, so that the respondent can be located and personally served.
- Learn More About Florida Divorce.
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