Divorce in Florida | Kalish & Jaggars, PLLC

Q: 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.

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. Florida 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 in Florida

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 child 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 under Florida spousal support laws. 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 Florida 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 Florida 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, custody concerns, and child support obligations under Florida guidelines. 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 in Florida

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 in Florida

Equitable Distribution Standard

Under Florida 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 guardianship 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 in Florida

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 Florida divorce cost?

The cost of a divorce varies depending on its complexity. Factors include attorney fees, court fees, and the need for witnesses or other services.

Do I need to live in Florida to file for divorce here?

Yes, 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.

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 help you move forward with clarity and confidence.