Helping Good People At Their Worst Times

How do I obtain a divorce in Florida?

by | Jan 14, 2025 | Firm News

In Florida, you have to live here for six consecutive months. I generally tell people, go ahead and change your voter registration, license plates and driver’s license. Courts can look at those easy items to confirm that you are officially a resident of Florida.  Florida is no longer a fault state. As much as a spouse who has been cheated on wants to expose the other spouse, it rarely comes as factor. The exception is where a spouse spends money on a non-marital purpose. If a spouse buys gifts or pays for vacations for someone who is not their spouse, the values of that money spent comes back into the proverbial pot of assets to be divided by agreement or a judge if an agreement is not reached. There are specific pleadings that must be filed to initiate a divorce which our firm will prepare with your input. The shortest amount of time that can be completed is twenty days from the date of filing a petition. I have in my 25 years of practicing seen this once. Most courts will require the parties to attend a mediation to attempt a settlement before they will schedule a trial. Final hearings also called trials are almost always before a judge; however, it can be requested to be before a jury. Again, I’ve never seen this done. I would imagine not many people want to air their marital dirty laundry before strangers. Family law judges are also familiar with determining the law and how to apply it. If the judge doesn’t know something, we will educate them to help you. At mediation, you and your spouse will be in separate rooms from the other attorney and spouse. You may not even see them during the process which can last as short as an hour up to 8. There is no limit to mediation so long as the parties are willing to stay. If you settle at mediation, the Petitioner’s attorney will draft the finalization and the divorce will be granted in a couple of weeks if not days.If a settlement is not reached, depositions of the parties is generally taken. A deposition allows an attorney to ask the other spouse questions under oath with a court reporter present who records everything said. Of importance is that when a deposition is given, a party who changes their answers later on, can have their credibility challenged. I always tell my clients, just tell the truth. I don’t care how bad it may make you look, nothing is worse than losing your credibility. Every client I’ve ever had asks, “How long will this take?” and “How much will this cost?”  There is no limit on speediness except for the twenty days I mentioned and there is no ultimate length. I had one divorce that took  three years to complete which ended with a three day trial. I do have a colleague who the parties didn’t want the divorce final. It was pending for 20 years. Witnesses may also be called to testify at depositions, hearings and at the final hearing. I mention it throughout our site, do not start a divorce without an attorney. Unless you are an attorney in family law, you need an educated attorney in this field who has your best interest at heart. A spouse who does not have an attorney is still treated as an attorney, even if they don’t have that knowledge. This is your future, invest in it and hire an attorney. Going it alone can be the worst decision you ever make.