Filing for divorce is never how we plan a marriage to go. When we commit ourselves to someone, we expect to have that comfort forever. A sudden relationship loss has the same psychological effect on a person as the death of a loved one. There is a grieving process, and it’s going to take time and effort to get through it.
Florida’s divorce laws are primarily governed by Chapter 61 of the Florida Statutes, which establishes the legal framework for dissolution of marriage proceedings. Understanding these statutes helps you know what to expect and ensures your rights are protected throughout the process.
Key Florida Divorce Statutes
- Florida Statute 61.021 – Residency requirements for filing
- Florida Statute 61.052 – Grounds for dissolution of marriage
- Florida Statute 61.075 – Equitable distribution of marital assets and debts
- Florida Statute 61.08 – Alimony determinations and factors
- Florida Statute 61.13 – Child custody and time-sharing arrangements
- Florida Statute 61.14 – Enforcement and modifications of child support and alimony
- Florida Statute 61.30 – Child support calculation and guidelines
These statutes provide the legal foundation that Florida courts must follow when making decisions about your divorce case. Knowing how these laws apply to your situation helps you make informed decisions and work effectively with your attorney.
Legal Requirements for Starting a Divorce
Starting a divorce might feel overwhelming, but Florida’s requirements are actually quite straightforward. Whether you’re just thinking about divorce or ready to take the first step, it’s important to understand what the court needs from you before you can file. The good news is that Florida’s rules are simpler than many other states.
Residency
You or your spouse must have lived in Florida for at least 6 months before filing. Only one of you needs to meet this requirement and you must file where both of you last resided together as spouses.
Grounds for Divorce
Florida is a no-fault state, which means you don’t need to prove anyone did anything wrong. You simply need to tell the court that your marriage is irrevocably broken.
Mandatory Legal Requirements
Florida law requires specific procedures and deadlines that must be followed in every divorce case involving financial issues or children.
Financial Disclosure Requirements
Under Florida Family Law Rule 12.285, both parties must exchange comprehensive financial information within 45 days of service of process. This mandatory disclosure includes:
- Financial Affidavit (Form 12.902(b) or 12.902(c))
- Tax returns for the past three years
- Pay stubs for the preceding six months
- Bank statements for the preceding twelve months
- Credit card and loan statements for the preceding twenty four months
- Documentation of all assets and debts
Failure to comply with mandatory disclosure can result in court sanctions, including dismissal of your case or default judgment against you. The court takes these requirements seriously because complete financial transparency is essential for fair property division and support determinations.
Filing Deadlines and Legal Procedures.
Florida Statute 61.19 establishes a mandatory 20-day waiting period between service of divorce papers and entry of final judgment. This waiting period can be waived in some cases.
The service of process must be completed within 120 days of filing your petition. If your spouse cannot be located, the court may allow service by publication, but this requires additional legal steps and court approval. Your spouse has 20 days after being served to file a response. If they fail to respond, you may be able to proceed with a default judgment.
Do You Need a Divorce Lawyer in Florida?
You are not required to hire an attorney to file for divorce in Florida. However, handling a divorce on your own can be overwhelming and could result in unfavorable outcomes regarding property division, child custody, or alimony.
How a Divorce Attorney Helps:
- Navigates legal complexities and files the correct paperwork.
- Understands trial procedure so that your evidence is properly presented.
- Negotiates fair settlements on property, child custody, and spousal support.
- Reduces stress by managing legal proceedings on your behalf.
Even in an amicable divorce, an attorney ensures your interests are fully protected.
Legal and Financial Considerations of Divorce
Equitable Distribution Factors Under Florida Law
Florida Statute 61.075 requires courts to consider specific factors when dividing marital property and debts:
Primary Factors Courts Consider:
- Contribution of each spouse to the acquisition, enhancement, and production of income or improvement of marital assets
- Economic circumstances of the parties
- Duration of the marriage
- Interruption of personal careers or educational opportunities of either party
- Contribution of one spouse to the personal career or educational opportunity of the other spouse
- Desirability of retaining any asset intact and free from any claim or interference by the other party
- Contribution of each spouse as homemaker and to the care and education of the children
- Any other factors necessary to do equity and justice between the parties
Marriage Length Classifications
- Short-term marriage: Less than 10 years
- Moderate-term marriage: 10 to 20 years
- Long-term marriage: 20 years or greater
Asset Division
Florida follows equitable distribution, meaning courts divide marital assets based on fairness, not necessarily an even split.
What Gets Divided
In Florida, property falls into two categories:
- Marital Property: Assets and debts acquired during the marriage, regardless of whose name is on them
- Non-Marital Property: Assets owned before marriage, inheritances, or gifts received by one spouse generally remain separate property. However, these assets can become marital property if commingled or retitled. For example, if you owned a house before marriage but later added your spouse to the deed, it typically becomes marital property subject to division. The court considers ownership status at the time of filing, not when the asset was originally acquired.
Key Assets to Consider
Common assets that need to be addressed include:
- Marital home and real estate
- Retirement accounts and pensions
- Vehicles and boats
- Bank accounts and investments
- Business interests
- Debts and mortgages
- Personal property and furnishings
Child Custody and Support
Florida courts base custody decisions on the child’s best interests which is primarily based on:
- Parental stability and involvement.
- Educational, emotional, and social needs.
- Each parent’s ability to provide a safe home environment.
- Time-sharing schedule, with courts starting with the assumption that children should spend equal time with both parents unless there’s a good reason for a different arrangement.
Alimony
Alimony may be awarded based on financial need, ability to pay, and length of marriage. There are different types of alimony available, from temporary support during the divorce process to long-term support (durational alimony) after divorce. The amount and duration depend on individual circumstances, and can be modified if circumstances change significantly.
Frequently Asked Questions on Divorce
Florida Statute 61.075 is the equitable distribution law that governs how marital assets and debts are divided in divorce cases. This statute requires courts to distribute marital property and liabilities equitably (fairly, not necessarily equally) based on specific factors including each spouse’s contribution to the marriage, economic circumstances, duration of the marriage, and career sacrifices made for the family.
Florida Statute 61.08 requires courts to consider specific factors when determining alimony including the standard of living established during the marriage, duration of the marriage, age and physical and mental condition of each party, financial resources and earning capacities, educational levels at the time of marriage and dissolution, contributions of each party to the marriage (including homemaking and child care), and any other factors necessary for equity and justice between the parties.
With so many attorneys handling divorce cases, choosing the right one is key. Look for a lawyer who specializes in family law with experience in similar cases, communicates clearly and offers honest legal advice. Ultimately, you want a divorce attorney who you trust to put you and your family’s interests first.
You do not necessarily have to sell your house if you are getting divorced. One of the spouses can keep the house, but will usually need to give the other spouse the equity they would have received if the house had been sold. There may also be issues of refinancing that may impact keeping the home. It is possible in certain circumstances for a spouse seeking alimony to be awarded the house as part of the alimony claim.
Debt that was incurred during the course of the marriage is generally considered marital and subject to equitable distribution. This can include credit cards, mortgages, car loans, taxes, student loans, and unpaid parking tickets. These expenses will be divided fairly unless the factors of unequal distribution apply.
How LaFrance Family Law Can Help You
At LaFrance Family Law, we provide comprehensive, personalized legal representation for individuals and families facing divorce and other family law matters. We understand that every case is unique, and our team is committed to helping you navigate legal complexities with clarity and confidence.
LaFrance Law Services
Why Clients Choose LaFrance Family Law
Going through a divorce or family-related legal matters can be overwhelming, but you don’t have to face it alone. At LaFrance Family Law, we offer personalized legal guidance tailored to your unique situation. Our experienced attorneys are committed to fighting for your rights and working toward the best possible outcome, whether through negotiation or in the courtroom. We understand the emotional challenges of family law cases, and we’re here to provide compassionate support every step of the way.
Taking the first step can feel overwhelming, but you don’t have to navigate this process alone. Let us help you move forward with confidence.
