Understanding Florida Divorce Process
In Florida, divorce is legally referred to as a dissolution of marriage. Whether contested or uncontested, the process can significantly impact your financial future, family dynamics, and emotional well-being. At WPFL, we guide clients through each stage with clarity and compassion to ensure their rights are protected and their voices heard.
Here’s a step-by-step overview of the Florida divorce process:
- No Fault State: Florida does not require proof of wrongdoing. A divorce can be granted if the marriage is “irretrievably broken".
- Residency Requirement: At least one spouse must have lived in Florida for a minimum of 6 months before filing.
- Filing the Petition: One spouse (the petitioner) files a Petition for Dissolution of Marriage in the county where the parties last resided together as a married couple.
- Serving the Other Party: The other spouse (the respondent) must be formally served with the divorce papers and given time to respond, unless waived by the respondent.
- Financial Disclosures: Both parties are required to exchange full financial affidavits and supporting documentation within 45 days of service. In certain circumstances, the parties can waive exchanging mandatory disclosures.
Contested vs. Uncontested Divorce
- Uncontested: Both parties agree on all terms (property, timesharing, support). Often resolved more quickly and amicably.
- Contested: Disagreements require mediation or court intervention to reach a resolution.
- Mediation (Often Required): In contested cases, the court usually requires mediation before setting a trial date, to help reach an agreement outside of court.
- Final Judgment: Once all issues are resolved, either by agreement or court ruling, a judge issues a Final Judgment of Dissolution of Marriage.
- Post-Judgment Matters: Some issues like enforcement, modifications, or relocation may arise after the divorce is finalized.
Wilda Pomales Family Law is here to Help
At WPFL we support you through every step—whether you're seeking a straightforward uncontested divorce or facing a complex contested case. Contact us today for a confidential consultation.