Divorce F.A.Q.
SHOULD I OR CAN I MOVE OUT OF THE MARITAL RESIDENCE?
While your property rights will not depend on where you live, you could compromise your right to move back into the marital residence and/or affect custody issues by relocating. In general, it is better to remain in the marital residence until such time as you consult with your attorney regarding the advantages and disadvantages of relocation.
HOW LONG WILL MY DIVORCE TAKE?
By Statute, a Final Judgment of Dissolution of Marriage cannot be entered until 20 days after the Petition is served upon the other party. A Dissolution of Marriage must take at least 20 days. In some cases where the parties have entered into a settlement agreement, the Court may waive the 20 day waiting period and enter the Final Judgment. However, that is not common. There are many factors that will affect the time needed for a divorce to be complete including but not limited to:
a. Whether the divorce is contested or not. If you or your spouse agree on all issues, the typical divorce could be completed in as little as 21 days.
b. The amount of property to be divided between the parties. More property and differing types of property can increase the complexity and the amount of issues you and your spouse must either agree on or litigate.
c. A contested divorce, especially one involving children can take years to complete depending upon what issues you and your spouse want or feel the need to litigate.
Generally speaking you and your spouse have complete control over the length of time it it may take to complete the dissolution of marriage, depending on your desire and willingness to put this part of your life behind you.
MY SPOUSE AND I LAST LIVED TOGETHER IN A STATE OTHER THAN FLORIDA BUT I HAVE BEEN LIVING IN FLORIDA FOR THE PAST 8 MONTHS. CAN I OBTAIN A DIVORCE FROM MY SPOUSE IN FLORIDA?
Yes, to initiate and obtain a divorce within Florida at least one of the parties to the marriage must have resided within the state for at least 6 months prior to the date they file the petition for divorce and on the day the petition is filed.
WHAT IS THE DIFFERENCE BETWEEN A DIVORCE (DISSOLUTION OF MARRIAGE) AND AN ANNULMENT?
A dissolution of marriage legally breaks the bonds of the marital contract. An Annulment establishes that the marital contract never existed. The court will declare that you were never married. Obtaining an annulment can be difficult but it is possible given the proper circumstances.
I WOULD LIKE TO OBTAIN A DIVORCE FROM MY SPOUSE AND WE HAVE CHILDREN TOGETHER. WILL THE FACT THAT WE HAVE CHILDREN EFFECT OR ALTER HOW QUICKLY THE COURT WOULD GRANT THE DIVORCE?
Possibly, yes where minor children are involved the court has the discretion to order counseling for the parties for a period of three months or to take other such actions that may be in the best interest of the parties and/or the minor children.
Furthermore, many Florida counties now require that the parties to the divorce complete a Children and Families education course before a final decree of dissolution of marriage will be granted, where there are minor children involved.
MY SPOUSE MOVED OUT OF OUR HOME AND HAD REFUSED TO PROVIDE ANY FINANCIAL SUPPORT TO ME FOR MY NEEDS OR TO MAINTAIN OUR DEBT. DO I NEED TO FILE FOR DIVORCE TO OBTAIN FINANCIAL ASSISTANCE FROM MY SPOUSE?
No, Florida has procedures available under which you may obtain an order for financial support from your spouse without the necessity of filing for a divorce.
While your property rights will not depend on where you live, you could compromise your right to move back into the marital residence and/or affect custody issues by relocating. In general, it is better to remain in the marital residence until such time as you consult with your attorney regarding the advantages and disadvantages of relocation.
HOW LONG WILL MY DIVORCE TAKE?
By Statute, a Final Judgment of Dissolution of Marriage cannot be entered until 20 days after the Petition is served upon the other party. A Dissolution of Marriage must take at least 20 days. In some cases where the parties have entered into a settlement agreement, the Court may waive the 20 day waiting period and enter the Final Judgment. However, that is not common. There are many factors that will affect the time needed for a divorce to be complete including but not limited to:
a. Whether the divorce is contested or not. If you or your spouse agree on all issues, the typical divorce could be completed in as little as 21 days.
b. The amount of property to be divided between the parties. More property and differing types of property can increase the complexity and the amount of issues you and your spouse must either agree on or litigate.
c. A contested divorce, especially one involving children can take years to complete depending upon what issues you and your spouse want or feel the need to litigate.
Generally speaking you and your spouse have complete control over the length of time it it may take to complete the dissolution of marriage, depending on your desire and willingness to put this part of your life behind you.
MY SPOUSE AND I LAST LIVED TOGETHER IN A STATE OTHER THAN FLORIDA BUT I HAVE BEEN LIVING IN FLORIDA FOR THE PAST 8 MONTHS. CAN I OBTAIN A DIVORCE FROM MY SPOUSE IN FLORIDA?
Yes, to initiate and obtain a divorce within Florida at least one of the parties to the marriage must have resided within the state for at least 6 months prior to the date they file the petition for divorce and on the day the petition is filed.
WHAT IS THE DIFFERENCE BETWEEN A DIVORCE (DISSOLUTION OF MARRIAGE) AND AN ANNULMENT?
A dissolution of marriage legally breaks the bonds of the marital contract. An Annulment establishes that the marital contract never existed. The court will declare that you were never married. Obtaining an annulment can be difficult but it is possible given the proper circumstances.
I WOULD LIKE TO OBTAIN A DIVORCE FROM MY SPOUSE AND WE HAVE CHILDREN TOGETHER. WILL THE FACT THAT WE HAVE CHILDREN EFFECT OR ALTER HOW QUICKLY THE COURT WOULD GRANT THE DIVORCE?
Possibly, yes where minor children are involved the court has the discretion to order counseling for the parties for a period of three months or to take other such actions that may be in the best interest of the parties and/or the minor children.
Furthermore, many Florida counties now require that the parties to the divorce complete a Children and Families education course before a final decree of dissolution of marriage will be granted, where there are minor children involved.
MY SPOUSE MOVED OUT OF OUR HOME AND HAD REFUSED TO PROVIDE ANY FINANCIAL SUPPORT TO ME FOR MY NEEDS OR TO MAINTAIN OUR DEBT. DO I NEED TO FILE FOR DIVORCE TO OBTAIN FINANCIAL ASSISTANCE FROM MY SPOUSE?
No, Florida has procedures available under which you may obtain an order for financial support from your spouse without the necessity of filing for a divorce.