How Divorce Works in Florida

Divorce law can vary from state to state, so it’s important to understand how the process works in the state where you or your spouse is filing for divorce. Below is some helpful information on how divorce works in Florida, but you may also want to seek advice from a divorce attorney who practices in this state.

Do You Need to Prove Fault in Florida?

No, you do not. Florida is a no-fault state, meaning that the person who files for divorce doesn’t have to prove that his or her spouse is at fault for the breakdown of the marriage. Instead, you simply need to show that you and your spouse were married, that one or both of you resided in Florida for the past six months (there are some exceptions to this requirement, such as for members of the military), and that your marriage is irretrievably broken. Keep in mind, however, that the reasons for your divorce may still be considered when developing a time-sharing plan, dividing assets and liabilities, and awarding alimony.

Regular Dissolution vs. Simplified Dissolution

When you file for divorce in Florida, you can request a regular dissolution of marriage or a simplified dissolution of marriage (regular dissolution is the more common of the two). Simplified dissolutions are generally easier and less time-consuming than regular dissolutions, but certain requirements must be met in order to qualify for a simplified dissolution. For example:

• Both spouses must agree that their marriage can’t be saved.
• They must agree to use the simplified procedure.
• They must agree on how to divide assets and liabilities.
• Neither spouse can seek alimony.
• They must not have any minor or dependent children.
• Neither spouse can be pregnant.

Divorce Attorneys Serving Clients in the Tampa Bay Area

Divorce can be incredibly upsetting—it’s likely one of the most stressful events of your life—and you shouldn’t have to go through it alone. An experienced divorce attorney can advocate for your interests and help you navigate the intricacies of divorce law, all while offering a kind and compassionate shoulder to lean on.

If you’re in the Tampa Bay area, you can turn to the Law Offices of Audrey A. Jefferis, P.A., for skilled representation. Contact us today to arrange a consultation—we’re open on weekdays from 8:30 a.m. until 5 p.m.