Divorce in Florida
One-On-One Service from an Experienced Attorney
Are you thinking about divorce? Are you confused, uncertain, and under emotional stress over this complicated legal process? Divorce can force you to make very personal decisions with long-term ramifications on your future. Having trusted legal counsel throughout this process can inform and assist you with those decisions.
At Beatriz Zyne, P.A., we understand the pressure you may be under. We have been helping clients through all types of divorce for more than a decade. At our firm, you will receive one-on-one attention from our attorney, a lifelong resident of this great city who cares about the people in it.
Handling Divorce in Florida
Each divorce is unique with its own set of particular facts and circumstances that will need to be addressed to finalize the matter. You may have questions and concerns about what to expect as you move through the process. All of these can be addressed and handled by Attorney Beatriz Zyne.
- No-fault divorce, where one party asserts to the court that the marriage is irretrievably broken
- Contested divorce, where the parties are in conflict about divorce issues
- Uncontested divorce, where the parties agree about divorce issues
- Divorce mediation, where a negotiated settlement is sought
- Divorce litigation, when negotiation fails and the divorce must be settled by a judge
- Temporary relief, where one party requests a temporary provision from the court early on before the divorce is finalized, such as temporary support, custody, possession of the family home, or anything else connected to the divorce
- Motions in divorce cases, filed with the court by your attorney, where you put an issue before the judge that you would like considered
- Same-sex divorce
- Military divorce, which involves different issues than civilian divorce
- High-asset divorce, where complex financial matters need to be resolved concerning high net worth, family businesses, investments, pensions, and more
What Is a No-Fault Divorce?
Florida is a no-fault divorce state. This means you do not have to prove any “grounds” for divorce to the court. Your divorce will be based on the fact that the marriage is irretrievably broken and cannot be repaired. Even with this simplified concept, however, you may need to resolve such matters as the division of property and debts, child custody, child support, and alimony. Where both parties agree on all of these matters, the divorce can be finalized much more quickly and cost-effectively.
What Does It Cost to Get a Divorce?
Attorney fees and court costs will vary depending on how complicated the case is. If you and your spouse disagree and your contested case must be heard in court over a lengthy time period, this can affect fees. Flat rates are offered for uncontested divorces and domestic violence cases. This may also apply to adoptions in some circumstances.
What Are the Requirements for a Simplified, Fast Divorce?
Either you or your spouse must have resided in Florida for the previous six months before filing a petition. You must not have any children under the age of 18. Neither spouse should be seeking alimony. You both have come to an agreement about how your debts and property will be divided. Finally, you both agree that marriage is irretrievably broken.
What is the Basic Divorce Process in Florida?
- Select and file a petition. You must file the petition in the county in which you or your spouse currently lives, and you must state that your marriage is irretrievably broken. The petition you choose depends on whether you share children and/or property with your spouse. You also have the option to file for a Simplified Dissolution of Marriage, which is more efficient in both time and cost, but you and your spouse must meet certain qualifications.
- File an answer. The spouse who is served with the petition has 20 days to respond to the court. They will identify whether they agree or disagree with each component of the petition. They may also file a counter-petition or raise additional matters.
- File additional paperwork. This may include a financial affidavit, which helps the court determine both alimony and child-support. If you and your spouse have children, you must also file: a) a child-support guidelines worksheet before a child-support hearing, and b) a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit.
- Complete the discovery process. Both spouses must exchange information related to their financial circumstances (e.g. debt, income, tax returns, retirement accounts, etc.) and personal situations (such as relationship with your children). Each spouse may request information they feel will help the court come to a fair resolution.
- The trial. Otherwise known as the contested final hearing, a trial is where a judge makes final decisions regarding any issues you and your spouse have not yet resolved. Both may testify, present evidence, and bring witnesses.
Depending on your location, you may be required to attend mediation with your spouse as an attempt to come to agreements without a court proceeding. If you have children with your spouse, you will also need to create a parenting plan. The plan includes a variety of factors, such as a time-sharing schedule and the unique responsibilities of each parent. In Florida, spouses with minor children must attend a parenting class as well.
Is It Always Necessary to Go through the Courts in a Divorce?
If you and your spouse can negotiate or mediate a settlement on your own, you can avoid court appearances. We have many methods and resources for helping you and your spouse resolve your differences. Once that is done, we can prepare your agreement and submit it to the court for approval. Once it is approved by the court, your divorce will be finalized.
To learn more about how you can avoid a toxic divorce click here to read our blog.
Get Trusted Family Law Representation
Whatever your divorce issues may be, our family law firm is here to protect your legal rights and work toward an agreeable outcome, whether it involves children, property, or other matters. We encourage you to contact us so that we can get started resolving your divorce as soon as possible.