Types of Divorce in Florida
In Florida, divorce is referred to as “dissolution of marriage” in the legal system. There are two basic kinds of divorce in Florida: simplified and regular. In both types, the parties must first be considered married under Florida law. At least one spouse must have also lived in Florida for at least six months.
You must also show that your marriage is “irretrievably broken.” This is a low hurdle, which allows parties to divorce for virtually any reason. This requirement applies regardless of which type of divorce you undergo.
If you meet certain qualifications, you can use a simplified divorce process. This process is often faster and less expensive than a regular divorce. The qualifications for this type of divorce include:
No minor children from the marriage (no pending pregnancies);
Both spouses provide a Financial Affidavit to set out their property and finance information;
Both spouses agree to a property settlement (even if there is no property between you); and
Both spouses attend the final divorce hearing.
Starting this process requires filing out some relatively straightforward forms. Your Florida divorce attorney can help you with this process.
Regular divorce simply means that you do not qualify for simplified divorce. Within this category, there are also “uncontested” and “contested” divorce cases. In an uncontested case, both spouses agree on various aspects of the divorce, including child custody, property division, dividing marital debts, and other related issues. It is always best to have a lawyer represent you in negotiating and drafting any marital settlement agreement or parenting plan.
In a contested case, the spouses cannot agree on one or more aspects of their dissolution of marriage. In these situations, the case will go before a judge, and he or she will determine how property is divided, child custody matters, or any other disputed issue. It is extremely important to get a divorce lawyer for a contested divorce in Florida.
If you are considering divorce, speak with an experienced family law attorney to determine your legal options.