What Is Divorce In Florida?
In Florida, divorce is the process for legally dissolving a marriage. This means that all of the legal rights and responsibilities of marriage are discontinued and all of a couple’s marital assets and marital debts will be divided up between the two spouses. This includes:
- real estate,
- retirement accounts,
- personal property,
- mortgages, and
- credit card balances
- And more…
If there are minor children of the marriage, then a parenting plan with a detailed time-sharing (formerly “custody”) schedule as well as other co-parenting details will be created. Any support obligations (either alimony or child support) will be included in the divorce process as applicable.
These decisions will either be made by the divorcing couple together, as a result of informal or formal negotiations, or by a judge after a trial on the matter.
Important: Divorce cases involving significant marital assets or disagreements over child-related matters may require extensive negotiation or litigation.
Common Grounds For Divorce
Florida has been a no-fault divorce state since 1971.
This means you don’t need to prove that your spouse did something wrong (like cheating or cruelty) to get divorced. Instead, all you have to do is state that your marriage is “irretrievably broken”. This makes the process easier and less stressful since you don’t have to argue about who’s at fault.
What To Expect In The Divorce Process
Depending on which type of divorce process is utilized, a divorce can be resolved in a few months or take years. Generally, the more amicable or agreeable a couple can be, even though they may have strong disagreements or emotions about the reasons for the divorce, the quicker the divorce can be finalized.
What Documents Or Steps Are Involved?
The divorce process typically begins with the filing of a Petition for Dissolution of Marriage. From there, both parties must provide full financial disclosures, including:
- assets,
- liabilities,
- income,
- and expenses.
If the spouses are able to reach a resolution (either through mediation, collaborative law, or informal negotiation), their terms are documented in a Marital Settlement Agreement (MSA).
When children are involved, a Parenting Plan is required. This plan outlines legal custody, physical custody, visitation schedules, and decision-making responsibilities. Once these agreements are completed, the court reviews and approves them as part of the Final Judgment of Dissolution of Marriage.
If the couple cannot reach an agreement, the case proceeds to trial. Each party presents evidence and arguments, and a judge makes the final decisions regarding property division, custody, support, and any other contested issues.
What Do I Need To Prepare?
Start by collecting all financial records. You’ll need:
- Bank statements
- Tax returns
- Pay stubs
- Mortgage documents
- Retirement account
- statements
- Credit card and loan
- balances
Gather anything that shows income, expenses, assets, or debts. If you’re unsure if something is relevant, include it anyway. You and your attorney need the full financial picture to make decisions, negotiate, or go to court.
Create a digital folder. Put everything in one place so it’s easy to share and update. The more organized you are, the faster your case can move forward.
Find Out Where to Start
Artemis can help guide you through every stage of the divorce process — from preparation to resolution.