Divorce can be a challenging experience, but it doesn’t have to be overwhelming. At Kalish & Jaggars, PLLC, we are here to guide you through the process with compassion, clarity, and legal experience. Under Florida Statute § 61.021, one of the parties must reside in Florida for at least six months prior to filing. Per § 61.052, Florida is a no-fault state; the petitioner typically only needs to show the marriage is ‘irretrievably broken.’ While mental incapacity is a legal ground, it carries strict statutory time requirements and is rarely used.
Divorce proceedings address multiple interconnected issues under Chapter 61, including property division under Florida’s equitable distribution laws, custody, support obligations, and spousal maintenance—each governed by specific statutory frameworks.
Types of Divorce
Uncontested Divorce
An uncontested divorce is when both spouses agree on all major issues, including property division, child custody and timesharing arrangements (parental responsibility), and support. This option is typically faster, less expensive, and less stressful than a contested divorce. While it can be a smoother process, you will still need proper legal documentation to ensure your agreements are legally binding.
Contested Divorce
In a contested divorce, spouses disagree on one or more significant issues, such as property division, custody arrangements, or alimony. These cases are more complex and often take longer, requiring court intervention to resolve the disputes. A contested divorce ensures that your rights are protected, especially if an agreement cannot be reached outside of court.
Collaborative Divorce
In a collaborative divorce, both parties work with attorneys to negotiate a fair settlement outside of court. It’s a structured negotiation process aimed at avoiding litigation, but Florida has specific rules about attorney withdrawal if the process fails to resolve the case. This option is ideal for couples who want to keep control of their decisions while working together with professional support.
Mediation
Under Statute § 44.102, courts have the authority to refer any contested civil matter to mediation. In most Florida circuits, mediation is a mandatory prerequisite before a trial date is set. Your attorney will protect your interests and guide you through the mediation process to help you achieve a fair resolution.
The best approach for your divorce depends on various factors, such as the level of agreement between parties, asset complexity, parenting considerations, and timeline expectations.
The Divorce Process
While every divorce case is unique, most follow similar steps. Understanding the process will help you feel more prepared and confident as you move forward.
Step 1: Initial Consultation and Case Review
During your initial consultation, we will discuss your legal options and develop a strategy for your case. We will review important factors, including assets, debts, and custody concerns. Our goal is to address your immediate needs, set a realistic timeline, and ensure that you feel informed and empowered.
Step 2: Filing for Divorce
To start the divorce process, a petition for dissolution of marriage is filed in the appropriate county in Florida. After filing, the divorce papers must be served to your spouse. You will also need to submit necessary financial documents and affidavits that detail your assets, income, and other relevant financial information.
Step 3: Mediation
Florida courts typically require mediation for contested divorce cases before going to trial. A mediator will help facilitate discussions between you and your spouse, aiming to resolve disputes amicably. Your attorney will be by your side during the mediation to ensure your interests are protected and that you understand all legal implications of any agreement reached.
Step 4: Court Proceedings (if needed)
- Uncontested: If both parties reach an agreement during mediation or outside of court, the final divorce can be processed quickly without a trial.
- Contested: In cases where disputes cannot be resolved, court hearings or a trial will be necessary. A judge will make decisions on any unresolved issues. The timeline for court proceedings depends on the complexity of the case and the court’s schedule.
What to Expect from a Divorce
Equitable Distribution Standard
Under Statute § 61.075, Florida courts apply equitable distribution to marital assets and liabilities. The court begins with the presumption of equal distribution unless specific statutory factors justify an unequal division. These factors include the duration of the marriage, economic circumstances of each party, contributions to the marriage (including homemaking and child care), and intentional dissipation or destruction of marital assets.
Mandatory Disclosure Requirements
All parties must comply with Florida Family Law Rule of Procedure 12.285, requiring the exchange of financial affidavits and supporting documents within 45 days of service. This mandatory disclosure includes tax returns, pay stubs, bank statements, retirement account statements, and documentation of all assets and liabilities. Failure to comply can result in sanctions, adverse inferences, or case dismissal.
Best Interests of the Child
When minor children are involved, Florida courts evaluate custody and timesharing arrangements under § 61.13(3), which establishes specific factors for determining the best interests of the child. These factors include each parent’s ability to maintain a stable environment, the child’s relationship with each parent, the mental and physical health of all parties, and the child’s home, school, and community record.
Frequently Asked Questions on Divorce
How long does a divorce in Florida take?
The timeline for a divorce depends on whether it is contested or uncontested. An uncontested divorce may take as little as 30–60 days, while contested cases can take 6 months to a year or longer.
How much does a divorce cost?
The cost of a divorce varies depending on its complexity. Factors include attorney fees, court fees, and the need for expert witnesses or other services.
Do I need to live in Florida to file for divorce here?
Not necessarily, however, Florida law requires that at least one spouse be a resident of the state for 6 months before filing for divorce.
Can we avoid going to family law court entirely?
In many cases, divorce can be resolved through mediation or negotiation without court involvement. A final hearing may still be necessary, but full-blown litigation is not always required.
Related Topics to Divorce
Divorce proceedings typically involve several interconnected legal matters:
- Child custody and timesharing arrangements – When minor children are involved, parents must establish a parenting plan that addresses timesharing schedules, decision-making authority, and the child’s best interests under § 61.13.
- Child support calculations – Support payments are calculated based on both parents’ incomes, the timesharing schedule, and other statutory factors. These obligations typically continue until the child turns 18, or up to age 19 if they are still in high school and set to graduate.
- Marital property division and equitable distribution – All marital assets and debts acquired during the marriage must be identified, valued, and divided equitably. This includes the marital home, retirement accounts, businesses, and liabilities.
- Alimony and spousal support options – Courts may award temporary, bridge-the-gap, rehabilitative, or durational alimony depending on the length of the marriage, financial circumstances, and each spouse’s ability to support themselves.
Why Choosing a Florida Family Lawyer Makes a Difference
Choosing the right lawyer is essential to the outcome of your divorce. The right attorney will not only provide legal knowledge but will also offer support and reassurance throughout the process, helping you navigate this difficult time with confidence.
How Kalish & Jaggars Can Help You
Our team at Kalish & Jaggars takes a personalized approach to every divorce case. We work closely with you to understand your goals and concerns, providing clear and compassionate guidance every step of the way.
We are known for developing tailored strategies to meet each family’s unique needs. We take a supportive, responsive, and transparent approach to minimize stress and maximize favorable outcomes.
Ready to Take the First Step?
Taking the first step can feel overwhelming, but you don’t have to face it alone. Schedule a consultation with a divorce lawyer to talk about your situation and how we can help you move forward with clarity and confidence.
