FAQs About Divorce [Infographic]

Florida Divorce FAQs

Thinking of getting divorced in Florida?

There are a few things you should know before filing for divorce. Our team of experienced divorce attorneys has compiled the questions we most often hear from new clients. Read on to find out our answers.

Questions? Call our main office in Daytona Beach at (386) 258-5069.

Florida Divorce FAQs Infographic

What is a dissolution of marriage?

In Florida, “dissolution of marriage” is the legal term for divorce.

What is a contested divorce?

A contested divorce is when you and your spouse cannot reach an agreement on how to divide your assets and debts—including your children. This type of divorce is filed as a dissolution of marriage.

What is an uncontested divorce?

An uncontested divorce is when you and your spouse are in total agreement about the details of your divorce. This type of divorce is filed as a simplified dissolution of marriage.

In order to qualify for an uncontested divorce in Florida, you and your spouse must:

1. Agree that your marriage is irretrievably broken;
2. Agree to file an uncontested divorce;
3. Not be pregnant;
4. Not share any minor, adopted minor, or dependent children;
5. Agree on the ways you will divide your assets and debts; and
6. Not be seeking alimony.

Who can file for divorce in Florida?

In Florida, both spouses are able to file for divorce.

What does divorce determine?

Legally, divorce determines how you and your spouse will:

1. Divide your property;
2. Divide your debts;
3. Pay or receive alimony;
4. Share custody of your children; and
5. Pay or receive child support.

Who gets the house in a divorce?

Depending on the details surrounding your marriage and your divorce, a judge may (1) order you and your spouse to sell your home and divide the profits between yourselves, or (2) order the home to be sold, but allow either you or your spouse to remain in the home until it actually sells.

That said, if either you or your spouse have a strong desire to remain in your marital home, the judge might award more money, more assets, or less debts to the other spouse to provide an equitable resolution.

Who gets the house in a divorce with children?

Oftentimes, if you’re getting divorced with minor children, a judge may order the home to be sold, but allow one parent to remain in the home with the children until the house actually sells.

What do I need to file for divorce in Florida?

Here’s what you need in order to file for divorce in Florida:

1. Proof that you and your spouse are legally married;
2. Proof that you and/or your spouse have been a legal resident of Florida for at least 6 months; and
3. Proof that your marriage is “irretrievably broken.”

How long does a divorce take?

In Florida, a divorce can take anywhere between 3 and 24 months. The average uncontested divorce takes 3 months to complete. The average contested divorce takes 6 months to complete.

How do you get divorced in Florida?

Here’s how to get divorced in Florida:

1. Prepare your legal documents.
2. File all your paperwork with your (or your spouse’s) local Florida Clerk’s Office.
3. File any additional required documents and wait for your spouse to file their answer.
4. Provide discovery as applicable.
5. Go through mediation. (There is an acceptation to this if you’re the victim of domestic violence.)
6. If you have children, complete a parenting plan.
7. Attend your final hearing.

How soon can I restore my former name after my divorce is finalized?

In Florida, a judge is able to restore your or your spouse’s former name during the Final Judgment of Dissolution of Marriage. To do this, the spouse who wants to restore their former name—the name they had immediately before their marriage—must request it in their original petition or counter-petition.

Do I need a divorce attorney?

We recommend speaking with a divorce attorney about your situation if you and your spouse have yet to reach a total agreement on the division of your assets; have children (or are pregnant); or have large assets—such as a home, vehicle, 401K, or other investments—or large debts.

Working with a divorce attorney from the start of your case can help you avoid unnecessary troubles—related to the division of your assets, debts, and even children—for years to come.

Navigating a divorce on your own can be a stressful and painful time. But the outcome of your divorce can have a significant impact on the rest of your life. With the help of a divorce attorney, you can be sure you know your legal rights, what’s required of you, and that your personal interests are being looked out for. Call us today to schedule an initial consultation with an experienced and compassionate divorce attorney in Daytona Beach.