Getting a Divorce In Florida?
Here’s What You Need To Know
Divorce involves a complex tangle of emotion and legal bureaucracy that can leave people feeling confused and overwhelmed. In many ways, it may seem as difficult as your marriage!
While the process is often fraught with paperwork and legal requirements, the plain and simple truth is that divorce doesn’t have to be as hard (or stressful!) as many make it out to be.
At Leap Frog Divorce, we are dedicated to providing our clients with emotional and legal guidance to help take the stress and stigma out of divorce. If you’re finding yourself increasingly overwhelmed by the process of divorce that lies ahead of you, first of all, don’t fret.
On this page, you’ll find answers to your most pressing questions about getting a divorce in Florida so that you can face the road ahead of you with confidence.
Divorce Requirements
For a Florida court to have the power to adjudicate your divorce, two requirements must be met: residency and grounds for divorce. For a Florida court to have the power to tell you or your spouse what to do, there are nuanced requirements concerning residency or connections to Florida.
Residency Requirements
At least one of you must be able to provide proof that you have been a Florida resident for at least 6 months to give the Florida court power to decide your case.
In order for the Florida court to have the power to tell you and your spouse what to do, both of you must have lived in Florida either together as a married couple or separately.
Military members are presumed to be residents of Florida while they continue to reside in Florida. If you lived in Florida prior to entering the military—and never established a permanent residence elsewhere—you will continue to be considered a Florida resident.
Grounds For Divorce
Florida divorce laws do not require you to show any fault in order to get divorced. Florida is a “no fault” state, which means that the only requirement is that your marriage is irretrievably broken. In other words, the marriage has fallen apart and nothing can save it.
The other grounds for divorce is that one of you is mentally incapacitated and has been formally adjudicated incapacitated for at least three years before a divorce will be allowed.
Filing For Divorce In Florida
It only takes one person to start a divorce, also known as a Dissolution of Marriage. Your spouse does not have to agree to the divorce. Typically, the divorce process begins when one of you files a Petition for Dissolution of Marriage.
While there are no legal benefits to filing for divorce before your spouse, there may be financial, emotional, or security reasons why you may want to be the petitioner. This is a matter to discuss with your divorce attorney.
Types of Divorce
No two marriages—or divorces—are alike. Based on your unique circumstances, there are several types of divorce available to you.
Mediation
Mediation is a common step in the divorce process. In addition to saving you time and money, mediation helps you and your spouse communicate effectively and takes much of the stress out of divorce.
At Leap Frog Divorce, you benefit from our revolutionary co-mediation model, giving you unprecedented value.
Contested Divorce
A contested, or litigated divorce, is what most people think of when they think about divorce. It involves one or more hearings in front of a judge, who will make decisions about things you can’t agree on. This option is usually the most expensive and takes the most time from start to finish.
Uncontested Divorce
If you and your spouse agree on how to settle all issues in your divorce (including how to split up your marital assets, child custody and visitation, and spousal support), you may qualify for an uncontested divorce. This option will save you time and money.
Collaborative Divorce
Private, confidential, and mostly out of the courtroom, collaborative divorce is a quicker and more affordable solution than a typical contested divorce. The two of you have the freedom to make all the decisions surrounding your divorce instead of leaving things up to a judge.
In Florida, 92% of all collaborative divorces finish in less than 12 months. Most collaborative divorces cost less than heavily litigated divorces.
Kitchen Table Divorce
When you and your spouse can still communicate with each other reasonably well, you may be able to come to an agreement together. After you agree on custody, visitation, splitting up your assets and debts, and child support, you can either handle the divorce yourself or take your agreements to a lawyer who will help you finalize your divorce through the court.
Simplified Divorce
You can take advantage of this option if you don’t have any children, you have worked out how the two of you will split up your assets and debts, and neither of you wants any spousal support. You will both have to sign a Petition for Simplified Dissolution of Marriage and give up your right to trial and appeal. To finish your divorce, you will both have to appear at a final hearing at the same time.
Legal Separation
Currently, Florida law does not recognize “legal separation.” However, it will recognize a properly constructed separation agreement or postnuptial agreement as a contract. In addition, couples living apart may file a Petition of Support Unconnected with Dissolution of Marriage to create legal obligations for support.
Common Law Marriage
Common law marriage—in which a couple lives together as a married couple but without a marriage license—has not been recognized in Florida since 1968.
However, if you entered into a common law marriage prior to 1968 or you have a common law marriage from one of the handful of states that recognize it, Florida will recognize your common law marriage.
Division of Marital Assets
As an equitable distribution state, Florida law regards most property obtained and most debts incurred during the marriage as jointly owned by the two of you.
During a divorce, all assets and debts will be divided in a way that is fair to both parties (Equitable Distribution). This does not necessarily mean that each of you receives half of everything in the divorce. Your attorney should take every detail into consideration to determine that the division of marital property is fair and equitable.
Spousal Support
In some cases, the court may order that one spouse needs to provide spousal support (also known as alimony payments) to the other for a certain period of time. Contrary to popular opinion, alimony is not always paid from the husband to the wife.
Both parties’ needs and financial situations will be determined so that the results are as fair as equitable as possible. In some cases, the court may even decide that no alimony payments are necessary.
Child Support & Visitation
If minor children are involved in your divorce, the court will determine a custody arrangement that is in the best interest of your children. However, this does not necessarily mean that the mother will be granted sole custody.
There is no presumption in favor of either parent or for any particular type of child visitation schedule, and the court will consider a long list of factors when reaching this decision. Since 2023, Florida has had a rebuttable presumption that a 50/50 timesharing or visitation schedule is in the best interest of children, and Florida law recognizes that every parent has the right to frequent and continuous contact with their children.
Similarly, each parent has a duty to financially support their children. The amount of child support will be determined by a formula as well as the visitation schedule ordered by the court or agreed upon by the parents.
Same Sex Divorce
While the divorce process is the same for a same sex couple as it is for a heterosexual couple, there are certain factors that uniquely affect same sex divorces.
Because Florida did not legally recognize same sex marriage until 2015, this year became the effective “start date” of any relationships that may have occurred earlier. Thus, even if you have been living together as a married couple since 1990, in the eyes of the court, you have only been married since 2015.
This distinction can significantly impact things like alimony payment and distribution of assets and requires a divorce lawyer with a keen knowledge of the law.
Divorce Made Easy
You only get one chance to get divorced, which is why it’s important to work with a divorce attorney who can help identify the full extent of your rights and responsibilities.
Divorce is rarely simple and it only gets more stressful the more complications that you throw into the mix. It’s essential to choose a divorce lawyer who practices only family law and divorce-related issues, such as Leap Frog Divorce.
Our experience gives us a clear understanding of your situation, allowing us to offer customized legal advice and strong emotional support so that you can move forward with peace and confidence.
Meet the Grossmans
Together, A.J. and Kiki bring a wealth of experience and a fresh approach. Their shared journey through law school and post-doctorate studies at Straus Institute for Dispute Resolution at Pepperdine Caruso School of Law, internationally recognized as one of the nation’s top law-school-based conflict resolution programs, has honed their ability to navigate complex conflict scenarios. Coupled with A.J.’s experience in the court room and Kiki’s experience in corporate conflict resolution, they are well-prepared to guide their clients towards an amicable resolution.
A.J. Grossman
Attorney at Law • Certified Family Mediator
Kiki Grossman
Lead Conflict Resolution Specialist • Attorney at Law
