Divorce Requirements in Florida
The marriage must be irretrievably broken: So long as one spouse declares to the Court that the marriage is irretrievably broken, the Courts will grant a divorce. The Court will not determine who is at fault in the divorce. Fault is not an issue because Florida is a no-fault state. Bad behavior during the marriage resulting in divorce (such as an affair), is relevant in the divorce proceeding only if it resulted in waste of marital assets.
Children: The Court will consider the best interest of the minor children when making family-law decisions. The Court will also require that both parties complete a class called "Children First."
Financial affidavits: Both parties must complete financial affidavits. This requiremnt cannot be waived. There is a short form, which is used when annual income is less than $50,000.
Residency: You, or your spouse, must be a resident of the State of Florida for six months prior to filing for divorce.
Frequently asked divorce questions
How long will my case take?
It is impossible for us to gauge how long your divorce will take. In Collier County, the Judges urge the attorneys to complete a divorce case within six (6) months. This may, or may not, be possible based on the particular complexities of your case. Cases where there are extensive property issues and/or issues concerning the parenting and support of children generally take longer. A case can also take longer depending on the mental state of one, or both, of the parties during the divorce. High conflict, and high stress, cases generally tend to take longer.
Will my spouse be held accountable if he or she is the reason I am getting divorced?
The answer to this question is generally no. Florida is what is known as a “no fault” divorce state. What this means is that, in order to obtain a divorce in Florida, one only need to allege that the marriage is “irretrievably broken.” This allows the Court to proceed with a divorce regardless of who is at fault. In some limited circumstances, the Court may consider fault where the actions of the other party affected the welfare of the children or caused the diminution of a marital asset.
Can I receive temporary alimony and child support?
The court can always award temporary support for a spouse and child while the action is pending.
Will my spouse be obligated to pay all, or a part of, my attorney’s fees?
The Court can award all, of a part of, your attorney’s fees and costs to be paid by your spouse.
Attorney’s fees, suit money and costs
Florida law provides that either spouse may, from time to time, receive payment from the other for attorney’s fees, suit money and costs. This is governed by section 61.16, Florida Statutes. The practical effect of this statute is governed by case law and the rulings of Judges.
Primarily, in making a ruling for attorney’s fees, suit money and costs, a number of factors will be considered. While the primary factor to be considered is the need of one spouse, and the ability of the other to pay, the Court can also consider the scope and history of the litigation, the duration of the litigation, the merits of each position, whether the litigation is brought primarily to harass or stall and the existence of prior litigation.