Most Frequently Asked Questions About Divorce in Florida: Part 1

Most Frequently Asked Questions About Divorce in Florida: Part 1

In our many years of practicing family law, we've had thousands of conversations with those thinking about divorce, facing divorce, or on the other side of divorce. As a team, we've compiled a list of the ten questions we get asked most often regarding divorce in Florida. Those ten questions and answers to those questions will be available to you in this two-part series.

If you are facing divorce and are looking for a team that has the experience and passion to represent you eagerly, it's time to contact Anton Garcia Law. We are a team of talented, hard-working, driven attorneys and legal staff who fight for our clients every step of the way.

To speak with one of our exceptional attorneys, click here or call (813) 907-9807.

Now, let's take a look at the first five questions and their corresponding answers: 

1. What constitutes grounds for divorce in Florida?

Florida is a "no-fault" divorce state, meaning that you don't have to prove wrongdoing, such as adultery or abuse, to file for divorce. The primary grounds for divorce in Florida are:

•   Irreconcilable differences - This is the most commonly used reason.
•   Mental incompetence - This reason is used less commonly.

2. What Is the Difference Between Contested and Uncontested Divorce?

An Uncontested Divorce means that both parties agree on the terms of the divorce. These terms include asset division, alimony, and custody.

A contested divorce means you and your partner cannot agree on critical issues and will need to utilize the court to resolve key issues related to your divorce.

3. How long does the divorce process take in Florida?

The duration of a divorce varies depending on whether the divorce is contested or uncontested:

- Uncontested Divorce: An uncontested divorce can be resolved relatively quickly, usually within three months of filing, so long as both parties agree on all terms (e.g., division of assets, child custody, support).

- Contested Divorce: A contested divorce usually takes several months to resolve and may take over a year, depending on court schedules and the complexity of disputes.

4. How are marital assets divided in a Florida divorce?

Florida follows an "equitable distribution" principle. This means assets and debts acquired during the marriage are divided fairly but not necessarily equally. Factors that influence division include:

•   The length of the marriage,
•   Contributions of each spouse,
•  Economic circumstances and earning capacity of each spouse and
•  Child custody arrangements

5. Will I have to go to court?

Not all divorces require a court appearance. If your divorce is uncontested and both parties can agree upon the key terms of your divorce, the process can be handled primarily through mediation or settlement agreements. However, if disputes arise, a court hearing may be necessary.

---

** This blog is designed to give a general overview and should not be considered legal advice. Always consult with a qualified attorney to discuss your specific situation.