FAQ's
Divorce Frequently Asked Questions
1. Do I have to be a Florida resident to get a divorce?
Yes, you have to reside in Florida continuously for a minimum of 6 months. I recommend as soon as you move to Florida, that you get your Florida driver license and that can be used as your proof of when your Florida residency started. The Judge at the final hearing will check the license for the issue date, so you want it to be at least 6 months prior to the day you file your papers with the court.
2. What are the court costs or fees?
Currently the filing fee is $364. You usually need to use a process server to serve your spouse copies of the papers that are filed with the court. This ranges from $35 to $100 or so depending on the difficulty. If the divorce is friendly and the other spouse will accept the papers, then this process server expense can be avoided.
3. Are there grounds for divorce?
Florida is a no-fault state which has eliminated grounds. If one of the spouses wants a divorce, the divorce will be granted.
4. How long will it take?
A divorce is complicated, involves a lot of paperwork and is time consuming. A simple and friendly divorce with no legal issues can take as little as one month. Divorces with a lot of issues and with parties who can not agree on anything can take over a year.
5. How is child support determined?
Florida law has established a formula based upon both parent's incomes, the number of children, health insurance expenses, daycare expenses and the time sharing arrangement of the parents.
6. How long is child support paid?
Child support is paid until the child becomes 18, unless the child is attending high school after 18, then it can be extended.
7. Am I entitled to any of my spouse's pension or retirement benefits?
You are entitled to a portion of the pension/retirement benefits accumulated during the marriage.
8. How are attorney fees for divorce determined?
Since it is not possible to predict how much time each divorce will take, the fees are usually based on the time involved.
9. My spouse adopted my child, will he or she need to pay support?
Yes, a person who adopts a child is considered the legal parent, just as if that parent was the biological parent.
10. What determines if a spouse can get spousal support (alimony)?
The need for alimony is primarily determined by the length of the marriage,the age and income of the parties, the standard of living during the marriage, the current incomes and the earning ability of each spouse. There are other factors the court can consider based upon Florida law.
11. What are the steps of a divorce?
A divorce is started by filing a petition with the court and a copy with a summons is served on the other spouse. The spouse served the petition has 20 days to file a response. After that the parties exchange financial information including assets, liabilities and income. Statements of witnesses will be taken at this time, if they are necessary.
Once all the documents have been exchanged and the discovery or investigation has been completed, the attorneys for the spouses can try to settle the case. If they are unable to do so, the next step is to go to mediation where a mediator tries to get the parties to agree on a settlement agreement. If all attempts to settle the case are unsuccessful, then a non-jury trial before a family law judge is held. The majority of cases are settled at the mediation stage.