Understanding what your requirements are as someone seeking a divorce and how the process works is crucial for a smooth filing process. Here is a brief breakdown of the laws and processes to keep in mind when filing for divorce in Miami.
Florida Divorce Requirements
Florida does not require fault grounds for couples to get divorced. A spouse seeking to dissolve their marriage simply needs to show that their marriage is broken beyond repair to qualify—marital issues such as adultery or domestic abuse need not be present. To begin a dissolution of marriage, the petitioning spouse must prove the following:
- They are legally married.
- One party has been a resident of Florida for at least six months.
- Their marriage is “irretrievably broken”.
A divorce may also be granted if one spouse is shown to be mentally incapacitated.
Unlike some other states, Florida does not have any separation requirement. A couple that is still living together can file for divorce.
Types of Divorce and Separation in Florida
Florida only offers two types of divorce:
- Simplified Dissolution of Marriage: This is an uncontested divorce, where both parties completely agree on all aspects of their divorce and they have no children. The process is more expedient and less costly.
- Regular Dissolution of Marriage: This is a standard contested divorce, where parties do not agree on every term of their divorce and/or have children together.
Florida does not have an option for legal separation for couples wanting to distance themselves but remain married legally.
Child Custody, Support and Visitation in Florida
Even in the midst of a divorce, you always want the best for your child. Here is a brief overview of the child custody and child support laws in the Sunshine State.
- Child custody & visitation: As of June 2023, Florida has a presumption of equal time-sharing between parents. This means the courts assume that the child having equal, shared time between both parents is in their best interests. This presumption can be rebutted if the parents come to a mutual agreement, or it can be shown this arrangement is not in the child’s best interest. When deciding on custody or visitation arrangements, the courts take note of each parent’s ability to economically, mentally and emotionally take care of the child—along with other factors.
- Child support: According to Florida law, every child under 18 has the right to support. In cases where a couple is divorced, the parent who does not live with their child may be ordered to pay child support. When deciding on an amount of support, the court reviews factors such as each parent’s income, the standard needs of the child and their health and care costs, for example.
Property Division in Florida
Florida is an equitable distribution state. Any property—and debt—acquired during the marriage is subject to division in the divorce. This includes real estate, bank accounts, jewelry, credit cards and other assets and liabilities. Though equitable distribution does mean a fair division of property between spouses, it does not necessarily mean a 50:50 split. A judge will look at various factors when deliberating how to divide marital property, such as the financial contribution to the marriage by each spouse, the length of the marriage, both spouses’ current economic conditions and other factors.
The courts may order financial support to be provided from one spouse to another, known as alimony, based on the spouses’ incomes and other economic factors. Florida recognizes three different kinds of spousal support:
- Temporary: The supported spouse is paid up until the final divorce hearing to help them transition out of marriage.
- Rehabilitative: The lower-income spouse is given financial support from the other for them to become more self-sufficient. This may involve support for further education in some cases.
- Durational: One spouse is given financial support in fixed payments with a defined end date, which is based on the length of the marriage.
Filing and Serving Your Divorce Papers
Beginning the divorce process in Florida means filing the proper paperwork. To start, you need to file a Petition for Dissolution of Marriage or a Petition for Simplified Dissolution of Marriage—this depends on whether you are getting a contested or uncontested divorce. If you have children with your spouse, a revised form will need to be filled out. In addition to the petition for divorce, a Family Law Financial Affidavit must be completed unless you are filing for simplified dissolution, your gross income is under $50,000, or you have no minor children and have filed a settlement agreement.
If you are not sure whether a financial affidavit is required, talk to your attorney. In cases where one spouse is seeking financial support from the other, a financial affidavit is required.
The Florida Courts website has a list of all the required family law forms you need, along with a helpful getting started page for individuals seeking a detailed breakdown of the entire filing process.
The same forms you file must be served on your spouse—either immediately before filing or immediately after you file them. For the documents to properly be served on your spouse, they must be given to them by a sheriff or private process server—you cannot serve your spouse on your own. After this initial service of process, Florida Courts require all other documents required—or permitted—to be served on your spouse must be done so by email. The documents can be served through your personal email or the Florida Courts E-Filing Portal.
Finalizing Your Divorce
To finalize your dissolution of marriage, both parties must attend a formal hearing before a judge. There is a 20-day waiting period from the date of filing before the final hearing can be held, regardless of whether or not you are filing for a simplified dissolution of marriage or a contested divorce. At this final hearing, be sure to bring your Final Decree for the judge to sign off on—this finalizes your divorce.