Navigating the Divorce Process in Florida

Introduction

Divorce is a life-changing event that can be emotionally and financially challenging. Understanding the divorce process in Florida can help alleviate some of the stress and uncertainty. At Ortega Law, we are committed to providing compassionate and knowledgeable legal support to help you through this difficult time.

Grounds for Divorce in Florida

Florida is a no-fault divorce state, meaning that the only grounds required for divorce are that the marriage is “irretrievably broken.” This simplifies the process as neither party needs to prove fault or wrongdoing.

The Divorce Process

  1. Filing for Divorce: One spouse (the petitioner) must file a petition for dissolution of marriage with the court.
  2. Serving the Petition: The petition must be legally served to the other spouse (the respondent), who then has 20 days to respond.
  3. Financial Disclosure: Both parties must provide full financial disclosure, including income, assets, debts, and expenses.
  4. Negotiation and Settlement: The parties negotiate the terms of the divorce, including property division, child custody, child support, and alimony. Mediation is often used to reach an agreement.
  5. Trial: If the parties cannot reach an agreement, the case goes to trial, and a judge will make the final decisions.

Key Issues in Divorce

  • Property Division: Florida follows equitable distribution, meaning marital assets and debts are divided fairly but not necessarily equally.
  • Child Custody and Support: The court determines custody based on the best interests of the child and calculates support using state guidelines.
  • Alimony: Spousal support may be awarded based on factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s financial situation.

Alternative Dispute Resolution

Florida encourages the use of alternative dispute resolution methods, such as mediation and collaborative law, to resolve divorce issues amicably. These methods can save time, reduce costs, and minimize emotional stress.

Conclusion

Divorce can be a complex and emotional process, but you don’t have to go through it alone. At Ortega Law, we provide expert legal guidance and compassionate support to help you navigate the divorce process in Florida. Contact us today to schedule a consultation and learn how we can assist you in achieving a fair and amicable resolution.

To Top