Florida Divorce FAQs: What Should I Know Before Filing?

Enjoy our Florida divorce FAQs to help give you a sense of the process. After all, filing for divorce is a major legal, social and financial decision. Most people have similar first questions: Can I file in Florida? Do I need to prove my spouse is at fault? What happens to our house, retirement accounts, debts, and what about alimony and child support? Florida divorce law is found mainly in Chapter 61 of the Florida Statutes, which covers dissolution of marriage, child support, time-sharing, alimony, equitable distribution, and related family law issues. Call Attorney Jonathan Jacobs at 407-335-8113 to have your divorce-related questions answered.

What are the residency requirements for divorce in Florida?

To file for divorce in Florida, at least one spouse must have lived in Florida for six months before the petition is filed. This is one of the first issues the court will need to confirm before granting a divorce. It is known as subject matter jurisdiction. It cannot be agreed upon or conferred; it must exist before you file a case.

Is Florida a no-fault divorce state?

Yes. In most Florida divorces, a spouse does not need to prove adultery, abandonment, cruelty, or other misconduct to get divorced. Florida law allows a divorce when the marriage is “irretrievably broken.” This is Florida’s version of irreconcilable differences. The statute also recognizes mental incapacity as a ground, but only under specific conditions, including a prior adjudication of incapacity for at least three years.

What happens if one spouse does not want a divorce?

A spouse’s objection does not necessarily stop a Florida divorce. If there is a minor child or one spouse denies that the marriage is irretrievably broken, the court may take steps such as continuing the case for up to three months or ordering counseling with a qualified professional, but if the court ultimately finds the marriage is irretrievably broken, it must enter a judgment of dissolution. There are some options for couples such as temporary abatement and marriage counseling, but once the train leaves the station it is unlikely to roll back.

How does Florida divide marital property and debt?

Florida uses an equitable distribution standard, which does not always mean an exact 50/50 split. The court starts with the premise that marital assets and liabilities should be divided equally unless there is a legal reason for an unequal distribution. Relevant factors can include each spouse’s contribution to the marriage, the parties’ economic circumstances, the length of the marriage, interruptions to careers or education, contributions to the other spouse’s career, and intentional waste or depletion of marital assets. Look to the statutes mentioned above for some guidance.

Generally, assets and debts acquired during a marriage are presumed to be marital unless a spouse proves they are nonmarital. Florida law also recognizes that increases in value of nonmarital property can become marital in certain situations, such as when marital funds or marital efforts contributed to the increase. Caveat emptor folks. Buyer beware, literally.

Can a spouse receive alimony in Florida?

Florida courts may award alimony when one spouse proves an actual need and the other spouse has the ability to pay. The current statute identifies temporary, bridge-the-gap, rehabilitative, and durational alimony, and courts must make written findings supporting the type and length of alimony awarded. Permanent spousal support has been abolished.

Alimony is fact-specific. Courts may consider the length of the marriage, standard of living during the marriage, each spouse’s age and health, income and resources, earning capacity, education, employability, contributions to the marriage, responsibilities for minor children, and any other factor necessary for equity and justice.

How long can alimony last?

The answer depends on the type of alimony. Bridge-the-gap alimony may not exceed two years, rehabilitative alimony may not exceed five years (this is designed to coincide with work training and/or college graduation), and durational alimony is based on the length of the marriage. Florida law defines a short-term marriage as less than 10 years, a moderate-term marriage as 10 to 20 years, and a long-term marriage as 20 years or longer. Durational alimony generally may not exceed 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage, although exceptional circumstances may apply. Exceptional circumstances are sometimes based on disability that occurs during a marriage.

Can alimony be changed later?

Some alimony and support orders can be modified if circumstances change. Florida law allows a party to ask the court to increase, decrease, or confirm support, maintenance, or alimony based on changed circumstances. The statute also addresses supportive relationships and retirement as possible grounds for reducing or terminating support in appropriate cases.

Can I file for divorce without a lawyer?

Florida provides court-approved family law forms and self-help resources. Would you do your own taxes or self-diagnose a medical issue? Much like other professions (including landscaping and handyman work), family law is complex and we believe hiring counsel is the best way forward. Divorce can affect property rights, debt responsibility, retirement benefits, business interests, tax issues, alimony, parenting rights, and child support. Anyone with contested issues, children, real estate, retirement accounts, a business, domestic violence concerns, or a large income difference should strongly consider speaking with a Florida family law attorney before filing or signing an agreement.