Florida Divorce Process: Step-by-Step Guide

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TRAVIS R. WALKER, P.A.

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Florida Divorce Process

Dissolution of Marriage Under Florida Statutes Chapter 61

📋 File Petition for Dissolution of Marriage

Petitioner files in circuit court where either spouse resides. Must establish Florida residency (6 months). Include financial affidavit, UCCJEA affidavit if minor children, and pay filing fees (~$400).

Residency Requirement: 6 months in Florida

📨 Service of Process

Respondent must be formally served with the petition. Options: sheriff, private process server, or waiver of service (if cooperative). Cannot serve yourself.
Response Due: 20 days after service

📝 Mandatory Disclosure

Both parties must exchange financial affidavits and supporting documents (tax returns, bank statements, pay stubs, retirement accounts). Full and accurate disclosure is legally required.

Due: 45 days from service of petition

👶 Parenting Course (If Minor Children)

Both parents must complete a 4-hour court-approved Parent Education and Family Stabilization Course. Certificate must be filed with the court before final hearing.

Required before final judgment

⚔️ Contested Path

Case Management Conference with judge to set deadlines and trial date
Discovery: interrogatories, requests for production, depositions, subpoenas
Mediation required before trial (F.S. 44.102). Most cases settle here.
If no settlement: Trial before judge. Present evidence, testimony, and arguments.
Judge issues Final Judgment addressing all contested issues

🤝 Uncontested Path

Respondent files Answer and Waiver or signs Marital Settlement Agreement
Draft and execute Marital Settlement Agreement (MSA) covering all terms
If children: Draft Parenting Plan with time-sharing schedule
File MSA, Parenting Plan, and request for uncontested final hearing
Brief final hearing (often 10-15 minutes). May be waived in some counties.

⚖️ Final Judgment of Dissolution

Court enters Final Judgment incorporating the MSA or trial rulings. Addresses: equitable distribution of assets/debts, alimony, parental responsibility, time-sharing, and child support.

📄 Post-Judgment Matters

Execute QDROs for retirement division. Transfer titles and deeds. Update beneficiaries. Close joint accounts. Comply with all judgment terms.

Appeal Deadline: 30 days from final judgment

✓

Marriage Dissolved

Legally Single

📌 Key Florida Probate Information

No-Fault State

Florida is a “no-fault” divorce state. You only need to allege the marriage is “irretrievably broken.” No proof of adultery, abuse, or misconduct required (F.S. 61.052).

Simplified Dissolution

Available if: no minor children, wife not pregnant, parties agree on property division, both waive alimony. Both must appear at final hearing (F.S. 61.079).

Equitable Distribution

Florida divides marital assets and liabilities equitably (not necessarily 50/50). Court considers multiple factors under F.S. 61.075 including marriage length and contributions.

Alimony Types

Bridge-the-gap, rehabilitative, durational, or permanent (rare). Based on need, ability to pay, and marriage duration. F.S. 61.08 governs all alimony awards.

Child Support Guidelines

Calculated using statutory guidelines based on both parents’ net income and overnight time-sharing. Deviation requires written findings (F.S. 61.30).

Parenting Plans Required

If minor children, a detailed Parenting Plan is mandatory. Must include time-sharing schedule, decision-making authority, and communication methods (F.S. 61.13).

TRAVIS R. WALKER, P.A.