What are the requirements to file for a dissolution of marriage in Florida?
At a minimum, the following must be met:
- There must be proof that the marriage exists.
- You and/or your spouse must have lived in Florida for at least 6 months before filing. This can be proven through a Florida Driver’s License, Florida Residency Card, or Voter Registration Card issued at least 6 months before filing. Testimony from another individual who is willing to testify that you have lived in the state for this time is acceptable. Otherwise, an Affidavit of Corroborating Witness (Florida Supreme Court Approved Family Law Form 12.902(i)) will need to be signed by a witness before the filing date for the dissolution of the marriage.
- Spouses need to agree that the marriage is irretrievably broken.
In Florida, the legal term for a “divorce” is “dissolution of marriage”.
What are the ways to dissolve a marriage in Florida?
Litigation model for dissolution of marriage
Where property, assets, and liabilities are concerned, spouses may have come to an agreement before the petition is filed. These agreements must be stated in writing, signed by both parties, and submitted to the court. If no agreement has been established in writing and signed, a final hearing before a judge can be set to determine an equitable distribution. This final hearing will also provide space for contested issues where evidence may be presented and witnesses called to testify for the judge to make a final decision over.
Simplified dissolution of marriage
A simplified dissolution of marriage can be filed if all of the following are true:
- You and your spouse agree that the marriage cannot be saved (irretrievably broken).
- You and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant.
- You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division.
- You are not seeking support (alimony) from your spouse, and vice versa.
- You are willing to give up your right to trial and appeal.
- You and your spouse are both willing to sign the petition (not necessarily together).
- You and your spouse are both willing to go to the final hearing (at the same time).
If both spouses cannot agree on all of the above points, you will need to proceed with a Litigated Dissolution of Marriage. It is important to note that just because you do not qualify for a “simple” dissolution and must move forward with a “litigated” dissolution, it does not have to be adversarial, it can still end with an uncontested (see below).
Collaborative model for dissolution of marriage
Collaborative Law model takes a team dispute resolution approach to settlements and resolutions. Similar to mediation, spouses voluntarily agree to work together to divide their assets, debts, and childcare responsibilities under the advice of their respective attorneys and neutral professionals. Our attorneys act as advocates to untie the relationship instead of neutral parties helping sever these ties.
The Collaborative Law process allows willing spouses to work together.
Uncontested model for dissolution of marriage
An “uncontested” dissolution simply means that you have children or seek alimony and/or attorney fees so you will not qualify for the simple dissolution. Further, most times the litigated model, after mediation or negotiation, will convert to an uncontested case.
- You and your spouse agree that the marriage cannot be saved (irretrievably broken).
- You and your spouse have entered into a parenting plan that resolves all issues as it relates to the children.
- You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division, also including child support and alimony.
- You are willing to give up your right to trial and appeal.
Only one spouse will have to attend the final hearing, and some jurisdictions allow a “packet” to be mailed in to achieve a dissolution and you will receive a Final Judgement via e-mail or US mail.
Who gets what after the divorce?
Alimony
- Temporary – lasts during the dissolution of marriage proceedings and ends once the marriage is legally dissolved. This is used to help the low-earning spouse stay stable during the separation proceedings.
- Bridge -The-Gap – can last for a maximum of 2 years and is typically used to cover bills and other living expenses while the spouse in need finds full-time work or is waiting for the marital property to sell.
- Rehabilitative – the most common type of alimony awarded in Florida, this is used to help cover training, education for new skills, and/or gaining work experience.
- Durational – has a time limit based upon the length of the marriage. If married for 5 years, 5 years is the maximum time limit for this alimony.
- Permanent – rarely granted, this type of alimony is primarily granted when the spouse requesting support is unable to become self-supporting usually due to disability, advanced age, or care of a minor child with special needs and no other alimony would be appropriate based on the individual facts of the case.
There are no absolute guidelines in Florida to dictate when alimony will be necessary...
Equitable distribution of property, assets, and liabilities
While not an exact science, courts seek to distribute marital property, assets, and liabilities fairly between divorcing couples. Depending on the facts of a case, the assets and liabilities will be split equally, or there will be ground for an unequal distribution. Florida statute 61.075 explains how assets are divided between the parties in greater detail; however, it is important to know that Florida is an equitable distribution state, which means assets and liabilities will be split “fairly.”
What happens if children are involved in a divorce?
When a dependent or minor child(ren) is involved a simplified dissolution of marriage is impossible. Several forms need to be completed and filed such as a Financial Affidavit, a Parenting Plan, and a Uniform Child Custody Jurisdiction and Enforcement Act affidavit. Additionally, an approved parent education and family stabilization class will need to be attended and completed, and in some jurisdictions, it must be in person. Forms and current lists of approved classes are available with the county clerk.
Time-sharing / parental responsibility (custody)
Florida does not use the term “custody” in the statutes, the parties will each enjoy time-sharing, and most often shared parental responsibility. There are factors listed in Florida statute 61.13. Child support is based upon the combined monthly income of both parents, the number of children, the overnight time-sharing each parent has with the children, the cost of daycare, and the cost of health insurance.
In Florida Courtrooms, you will not hear the term “custody,” you will hear “higher percentage of time-sharing.”
Mediation
The court will often direct both parents towards mediation to come to mutually agreeable terms regarding time-sharing, care, and responsibilities for the children as well as equitable distribution. Mediation provides a space with an experienced mediator to discuss disputed issues. Our founding attorney, Camy B. Schwam-Wilcox, has attended more than 100 meditations; she is also a Florida Supreme Court Certified Family Mediator. Mediation is a great vehicle for parties to have a voice in how they want their case to resolve, as mediation agreements are not bound by the same laws a judge must follow in court.
