If you’re considering a divorce in Orlando or elsewhere in Florida, it helps to understand the process before you begin. Below is a practical overview of the usual steps, important legal requirements, likely costs, and key Florida statutes.
Filing for Divorce
A Florida divorce begins when one spouse files a petition for dissolution of marriage. The correct petition depends on the circumstances. A regular dissolution is generally used when the spouses have property, debts, children, support claims, or disputed issues. A simplified dissolution may be available when both spouses meet Florida’s eligibility requirements and agree on every issue.
At least one spouse must have lived in Florida for the six months immediately before filing. Florida’s dissolution laws are primarily found in Chapter 61, Florida Statutes. The filing fee is generally around $408, with an additional fee—often about $10—for issuance of a summons, although current fees should be confirmed with the appropriate clerk of court.
After filing, the petition and related documents must be formally served on the other spouse, usually by a sheriff or private process server. Service carries an additional cost and may cost more if several attempts are required.
Your Spouse’s Response
Once served, the responding spouse generally has 20 days to file a written answer admitting or denying the petition’s allegations. If that spouse files a counter-petition, the original filing spouse generally has 20 days to submit a written response.
Mandatory Financial Disclosure
Both spouses are generally required to exchange financial information—including records of income, assets, and debts—within 45 days after service of the petition. This mandatory disclosure gives each side a clearer picture of the family’s finances before settlement decisions are made. Each party must also file a Certificate of Compliance showing that the required disclosure has been completed.
Additional Requirements When Children are Involved
When minor children are involved, both parents must complete an approved parenting education course and file a certificate of completion. Online options may be available in Orange and Seminole Counties.
The parents will also need a parenting plan addressing time-sharing, parental responsibilities, decision-making, communication, and other practical details of co-parenting. If the parents cannot agree, the court will decide these matters based on the children’s best interests.
Settlement and Mediation
After financial disclosure is complete—and a parenting plan has been addressed, when applicable—the spouses may negotiate a Marital Settlement Agreement. In contested cases, Florida courts often encourage or require mediation before trial. Mediation gives the parties an opportunity to resolve property, support, and parenting issues with the help of a neutral mediator.
If an agreement is reached, the parties can prepare the required settlement documents and schedule a final hearing. Resolving issues by agreement usually reduces expense, delay, and emotional strain.
When Settlement is Not Possible
If mediation does not resolve every issue, the case may proceed toward trial. A party may file a Notice for Trial, commonly using Florida Family Law Form 12.924, to request a final hearing. At trial, both spouses may testify, call witnesses, and present evidence. The judge then applies Florida law and enters a Final Judgment of Dissolution of Marriage.
How the Court Decides the Major Issues
Equitable Distribution of Property and Debts
Florida is an equitable-distribution state, not a community-property state. Under Florida Statute § 61.075, the court begins with a presumption that marital assets and liabilities should be divided equally, but it may depart from an equal division when fairness requires it.
Factors may include each spouse’s financial and nonfinancial contributions, the parties’ economic circumstances, the length of the marriage, interruptions to a spouse’s career or education, future earning capacity, contributions to acquiring or improving assets, and whether it is desirable to keep an asset—such as a business or marital home—intact. The court must make written findings explaining the valuation and distribution of marital property and debts.
In some cases, a court may order an interim partial distribution before final judgment—for example, when funds are needed to prevent foreclosure or address litigation expenses.
Alimony or Spousal Support
Either spouse may request alimony under Florida Statute § 61.08. Depending on the facts and current law, available forms may include bridge-the-gap, rehabilitative, or durational alimony, as well as certain lump-sum arrangements.
The court considers factors such as each spouse’s financial resources, the marital standard of living, the length of the marriage, earning capacity, vocational skills, ability to become self-supporting, career or educational interruptions, and contributions to the marriage. Misconduct may be relevant only in circumstances permitted by Florida law, including when it has an economic impact.
Time-Sharing, Parental Responsibility, and Child Support
Florida Statute § 61.13 and related provisions govern parental responsibility, time-sharing, and child support. Support is generally calculated under Florida’s Child Support Guidelines. A final order may also address income deduction, health insurance, uncovered medical expenses, relocation, and electronic communication with children.
After Final Judgment
Once signed by the judge, the final judgment becomes a binding court order. When it divides real estate or other property, the judgment may be recorded in county records to help carry out the transfer. Alimony or child support may be ordered as periodic or lump-sum payments, depending on the case and the type of obligation.
Some provisions may be modified later if circumstances materially change, but not every term is modifiable. A party seeking a change to child support, alimony, or another eligible provision must follow the proper court procedure.
How Long Does a Florida Divorce Take?
An uncontested divorce may be completed in a few weeks to a few months; some straightforward matters conclude in roughly six to eight weeks. A contested case involving children, complex assets, discovery, or trial can take several months to more than a year. The actual timeline depends on the level of conflict, the completeness of the parties’ disclosures, and the court’s schedule.
Legal Representation and Common Costs
You may represent yourself, known as proceeding pro se, but Florida family cases involve detailed forms, deadlines, disclosures, hearings, and evidentiary rules. An experienced family law attorney can help identify risks and ensure that documents and procedures are handled correctly. Depending on the parties’ relative financial circumstances, the court may award attorney’s fees or suit money.
In addition to filing and legal fees, plan for possible costs such as:
- Service by a sheriff or private process server
- Mediation and parenting-course fees
- Certified copies of court orders
- Appraisals, valuations, or expert witnesses in complex cases
How to Prepare
Good preparation can make the process more manageable. Focus on a few essentials:
- Organize early. Gather bank statements, tax returns, pay records, retirement statements, property deeds, loan documents, and credit-card records before mandatory disclosure is due.
- Be realistic. Equal division is the starting point, but the final result depends on what is equitable under the circumstances.
- Resolve what you can. Early agreement on property, parenting, and support can save substantial time, money, and stress.
- Plan beyond the case. Think carefully about post-divorce housing, income, insurance, parenting schedules, education or retraining, and long-term financial needs.
Key Florida Statutes
The Florida Statutes you can reference regarding divorce are as follows:
- § 61.075 — Equitable distribution of marital assets and liabilities
- § 61.08 — Alimony and spousal support
- § 61.13 — Parental responsibility, time-sharing, and child support
If you have further questions regarding planning for a divorce in the Orlando Florida area, you can call Ann Marie Gilden, Esquire at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set up an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.