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The Name You
Know.
The Name You
Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

What you need to know about filing for divorce

Divorce law in Florida requires one or both spouses to reside in the state for at least six months before filing a “Dissolution of Marriage” petition. In addition, spouses must attest that their marriage is irreparable.

Meeting these requirements is a prerequisite to pursuing a simplified or regular marriage dissolution.

Simplified dissolution

A simplified dissolution requires spouses to file jointly. First, both parties sign and file a financial affidavit listing their assets and a formal agreement about how they plan to divide them. After satisfying these requirements, both parties must appear in court before a judge who issues a final divorce decree.

A simplified or uncontested divorce can be a speedy process, taking approximately one month to finalize, provided that a couple does not have children or the wife is not pregnant.

Regular dissolution

A regular divorce requires only one spouse to petition the court for marriage dissolution. After filing the necessary documents, the petitioning spouse arranges their service to the other spouse, who must file a response in writing.

An uncontested regular dissolution requires both spouses to sign and file a financial affidavit and marriage settlement agreement. Spouses who share minor children must also file a formal child custody agreement. Some jurisdictions also require both parents to complete a court-sanctioned parenting class before a judge finalizes the terms of the uncontested regular marriage dissolution.

When spouses disagree about asset division or child custody, a court trial may be necessary to resolve their differences. Florida is an equitable distribution state; therefore, a judge considers marriage length, work history, adultery, abuse, mental health concerns and other factors when dividing assets or awarding child custody.

A willingness to compromise is the fastest path to your life’s next chapter, regardless of the type of divorce you pursue.

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