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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.

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.

Photo of Ian F. Mann

Understanding the divorce process in Florida

Navigating a divorce in Florida requires understanding state-specific guidelines and procedures. Approaching this process with a clear plan can ensure everything progresses smoothly and efficiently. 

Meeting residency requirements

If you are considering ending your marriage in Florida, the first step is to ensure you meet the residency requirements. You or your spouse must have lived in Florida for at least six months before filing for divorce.

Filing the necessary paperwork

To initiate the divorce process, you must file a document called the “Petition for Dissolution of Marriage” with the local circuit court. This document outlines your current marital situation, the reasons for seeking a divorce, and your wishes regarding the division of assets, debts, and, if applicable, child custody arrangements.

Serving your spouse

After filing your petition, you must provide your spouse with a copy of the paperwork. The courts consider this as “serving” your spouse and you can accomplish it through a private process server, sheriff’s deputy, or, if your spouse agrees, he or she can accept the documents voluntarily.

Responding to the petition

Your spouse has 20 days to respond to the petition. Their response can either agree with your proposals, disagree, or request changes. If your spouse does not respond, the court may grant a default judgment in your favor. 

If your spouse agrees to all the terms, you can proceed with an uncontested divorce, which is quicker and less costly. Meanwhile, the divorce is contested if there is a disagreement, and you may need mediation or a trial.

Finalizing the divorce

Once all issues are resolved, the court will issue a final judgment of divorce. You should keep copies of all documents and the final judgment for your records.

Understanding these steps can make the challenging journey of divorce more manageable and help you prepare for what lies ahead. Adequate preparation and knowledge can minimize stress and confusion, making it easier to move forward.

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