01 Jul Key Legal Questions Before Divorce in Florida
Understanding Divorce in Florida: What to Consider Before You File
Before filing for a divorce in Florida, spouses must examine their relationship, legal options, and family responsibilities. Florida law allows for divorce when a marriage is irretrievably broken, as defined in Section 61.052 of the Florida Statutes. However, taking time to evaluate the broader implications—especially when children or substantial assets are involved—can significantly influence the outcome.
1. Is Reconciliation Still an Option?
Although Florida is a no-fault divorce state, courts may postpone proceedings for up to three months to allow spouses to explore reconciliation, as provided under Section 61.052(2). Therefore, couples should actively consider therapy, mediation, or pastoral counseling before moving forward.
2. Have You Exhausted All Efforts to Save the Marriage?
Before finalizing your decision, ask whether you and your spouse have genuinely pursued all available remedies. Have you considered marital therapy? If you have not tried this, it may be worth pursuing before litigation. It is not that uncommon for parties to change their mind and reconcile after filing the Dissolution of Marriage paperwork.
3. How Will Divorce in Florida Affect Your Children?
Florida law requires divorcing parents to complete the Parent Education and Family Stabilization Course. Additionally, Section 61.13(2)(c)(1) establishes a presumption that equal time-sharing is in the best interests of the child unless rebutted. Parents should approach divorce with a focus on minimizing disruption and maintaining stability in their children’s lives.
4. Are You Emotionally Ready to Divorce?
Ending a marriage is emotionally taxing. In Florida, while emotional readiness is not a legal requirement, it affects your ability to make rational decisions throughout the case. Preparing emotionally—perhaps with support from a therapist—helps reduce conflict and improves negotiation outcomes.
5. What Lifestyle Changes Should You Expect?
Divorce in Florida often leads to new living arrangements, revised routines, and changes in household dynamics. Parents may need to adjust to shared custody (“time-sharing”) schedules, and each party may need to prepare for a different standard of living. The court considers the marital lifestyle when determining alimony and equitable distribution.
6. Are You Financially Prepared?
As of 2023, Florida eliminated permanent alimony. Courts now follow revised standards under Section 61.08. These include limits on duration and require that alimony be calculated based on net, not gross, income—as reinforced by Parker v. Parker, 2024 WL 171898 (Fla. 2d DCA 2024). Understanding your financial landscape is crucial before proceeding.
7. Will You Regret Divorcing?
If doubts remain, consider whether you’ve done everything to repair the relationship. If you haven’t, those unresolved efforts may lead to regret. However, remaining in a toxic or incompatible marriage may cause greater long-term harm, especially when children observe ongoing conflict.
8. Are You Afraid of Being Alone?
This concern is common. Yet, it should not determine your legal decision. Often, people find stronger emotional health and support systems after moving on. Divorce in Florida isn’t about isolation—it’s about making a legally sound decision to improve your quality of life.
9. Is a Peaceful Divorce Possible?
Absolutely. Mediation presents a peaceful pathway. As a matter of fact, in some jurisdictions, including Eleventh Circuit in Miami-Dade, mediation is mandatory prior to sending it to trial (in most cases).
10. Are You Legally Ready to File for Divorce in Florida?
Florida requires one spouse to reside in the state for at least six months before filing, under Section 61.021. Filing requires proper venue, financial disclosure, and, if contested, a parenting plan. Procedural compliance under Rule 12.285 is mandatory unless waived. Engage a qualified attorney to guide you through these complex steps.
In sum, deciding to pursue a divorce in Florida requires deep reflection and clear understanding of the legal, emotional, and financial implications. By addressing these questions before filing, you strengthen your ability to move forward with confidence and clarity.
FAQ
Can a Florida court deny my divorce?
Yes. If the court believes reconciliation is possible, it may delay proceedings up to three months under Section 61.052(2).
Is legal separation recognized in Florida?
No. Florida does not formally recognize legal separation, but courts can issue temporary support and custody orders under Section 61.11.
How is alimony determined in Florida?
Courts consider factors in Section 61.08, including duration of marriage and each party’s financial resources.
Do both spouses need to agree to get a divorce?
No. Florida only requires one party to state that the marriage is irretrievably broken.
Can we use the same lawyer for the divorce?
No. Ethical rules bar one lawyer from representing both spouses in a divorce due to conflict of interest. However, in the interest of keeping costs low, parties often agree to having one person being represented by an attorney to push the process forward, while the other party represents themself. This occurs when the parties wish to get through the process amicably.