Getting A Divorce In Florida?


The proverbial million dollar question is: how hard is it to get a divorce in Florida? Getting a divorce in Florida is relatively straight-forward if both parties are in agreement on the financial terms and/or aspects of timesharing and parental responsibility. Uncontested divorces (divorces where both parties agree on all issues) can take as little as a few weeks if your attorney is able to draft the pleadings and have the proper documents notarized. However, if the parties are in disagreement about issues such as child support, timesharing and custody, the splitting of assets and liabilities, who gets what car or house, etc., getting a divorce in Florida can be complicated.

Florida is a No Fault Divorce State                 

How hard is it to get a divorce in Florida when Florida is a no fault divorce state? A no fault divorce in the State of Florida means that the standard for marital dissolution is lower. All that needs to be plead is that the parties’ marriage is irretrievably broken. Usually, this is a vague phrase that can mean any number of things. The Judge will likely not ask you probing questions such as why or how your marriage has been irretrievably broken. The judge may do this if your case goes to trial and the misbehavior of the spouses is at issue. Therefore, in Florida, getting a divorce can be easier than it is in other states where evidence of infidelity or other marital indiscretions may need to be alleged and or proven.

How Hard Is It To Get A Divorce In Florida If My Spouse Does Not Want A Divorce?

How hard is it to get a divorce in Florida if your spouse does not want to get a divorce? Under Florida law, a spouse that does not want to be divorced may ask the judge for a three-month continuance so the parties can go for marital counseling. However, the judge does not have to order counseling. If the other spouse protests that the marriage is irretrievably broken and that counseling would be both unsuccessful and cost the parties a great deal of money, the judge might decide to allow the divorce process to move forward without mutual consent.
Ultimately, regardless of whether one party wants a divorce, the court will ultimately grant a divorce. However, while the process unfolds, a number of complications may develop. There could be accusations of domestic violence, the Department of Children and Family services may become involved, and the attorney representing the party seeking to stall the divorce may file motions designed to stay the proceedings and prevent trial.
Jonathan Jacobs is an experienced and compassionate divorce lawyer in Orlando Florida, Winter Park, and a Clermont divorce lawyer who loves to work with clients that want the best for their families. Call today for a consultation. We are an LGBT and same sex divorce friendly law firm that also specializes in relocation cases.

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