Florida Divorce 101

Here’s a beginner’s lowdown on all issues related to a Florida divorce. Florida is a fully “no-fault” divorce state. The legal or official term for a divorce in Florida is “dissolution.” Residency requirements entail that either spouse be a resident of Florida or a member of the armed forces stationed in Florida. You have to be a resident of Florida for six months before filing for a Florida divorce. Florida divorce cases are presided over by a judge; there is no jury involved.

Since Florida divorces are not contested, either spouse can testify that the marriage is irretrievably broken and no amount of counseling can save it. Uncontested divorces in which both parties are in agreement over things like custody and alimony can finished in as little as five weeks. It also depends upon the county in which you file for divorce—but if the judge in a particular county is overburdened with handling cases, your case resolution may take a little longer.

The Petition for Dissolution of Marriage is an important document filed to outline your claims to child support, property, and alimony. According to Florida divorce laws in divorce cases involving children parents are required to attend a seminar titled “Children and Divorce.”

As in any other divorce case, in a Florida divorce, you will expedite the divorce if you can reach an agreement with your spouse on issues relating to alimony, child custody and support, etc. This will save you a lot of time and money.

Under the Florida divorce laws you can have a restraining order issued against your spouse if he/she is guilty of unbecoming conduct under the circumstances. You can also get temporary alimony or child support even before the final hearing of your case.

In case your spouse earns a great deal more than you do, and you are unable to afford the legal expenses, the court may order your spouse to pay for the legal costs.

Under Florida divorce laws it is not easy to get child support and alimony terms changed once they have been decided. You have to be able to show that the present conditions are detrimental to the child’s welfare.

If you wish to revert to your maiden name, then you need to mention that in your divorce petition. The court may heed your request so long as you are not changing your name to avoid creditors.