Practice Area
Understanding the Florida Divorce Process
Boca Raton Divorce Attorney Explaining Florida Family Law Procedures
Divorce can involve important decisions concerning children, finances, property, businesses, support and a family's future. Understanding the general process can help reduce uncertainty and allow clients to make more informed decisions as their case progresses.
Florida refers to divorce as a "dissolution of marriage." Although every case is different, most Florida divorce proceedings follow several general stages.
Barbra Amron Weisberg, P.A. represents clients in Boca Raton and throughout Palm Beach, Broward and Miami-Dade Counties in divorce and family law matters, including complex, high-asset and contested cases.
With more than 30 years of legal experience, Barbra works closely with clients to explain the process, identify the issues that matter most and develop a strategy appropriate for their circumstances.
Florida Residency Requirement for Divorce
To obtain a dissolution of marriage in Florida, at least one of the spouses generally must have resided in the State of Florida for at least six months before the petition for dissolution of marriage is filed.
This is a state residency requirement — not a requirement that a person live in a particular Florida county for six months. Where a divorce case should be filed within Florida involves separate questions of jurisdiction and venue that can depend upon the circumstances. If there is a question about where a case should properly be filed, the client should obtain legal advice concerning the particular facts.
Florida Is a No-Fault Divorce State
A spouse generally does not have to prove adultery, abandonment or other marital misconduct simply to obtain a divorce in Florida.
The usual legal basis for dissolution is that the marriage is "irretrievably broken."
However, conduct during the marriage may still become relevant to particular issues when Florida law permits the court to consider it. For that reason, the fact that Florida is a no-fault divorce state does not mean that every circumstance surrounding the marriage is necessarily irrelevant to every issue in the case.
Starting a Florida Divorce
A divorce case generally begins when one spouse files a Petition for Dissolution of Marriage with the appropriate circuit court.
The spouse who files is generally referred to as the Petitioner. The other spouse is generally referred to as the Respondent.
The petition identifies the marriage and the relief being requested. Depending upon the case, the issues may include:
- Dissolution of the marriage
- Equitable distribution of assets and liabilities
- Alimony
- Child support
- Parental responsibility
- Parenting plans
- Time-sharing
- Attorneys' fees and costs
- Other appropriate relief
In a financially complex divorce, the petition and the early strategy of the case should be considered carefully because significant business, property, income and financial issues may be involved.
Service and Response
After a divorce action is filed, the other spouse generally must receive formal legal notice of the proceeding unless service is properly waived or another legally authorized procedure applies.
The responding spouse then has an opportunity to respond to the petition and may raise additional requests or claims.
Anyone who has been served with divorce papers should promptly consult an attorney rather than waiting until a deadline is approaching. Procedural deadlines can depend upon how and when documents are served and the circumstances of the case.
Financial Disclosure
Financial disclosure is an important part of many Florida divorce cases. Depending upon the nature of the proceeding and applicable rules, parties may be required to exchange financial information and documentation.
This may include information concerning:
- Income
- Tax returns
- Bank accounts
- Investment accounts
- Retirement accounts
- Real estate
- Business interests
- Debts and liabilities
- Insurance
- Other financial assets and obligations
Florida Family Law Rule of Procedure 12.285 governs mandatory disclosure in many family law proceedings and contains exceptions and specific requirements. The precise disclosure obligations depend upon the proceeding and applicable Florida rules.
Financial Affidavits
Financial affidavits are commonly important in Florida family law matters involving financial issues. They provide information regarding income, expenses, assets and liabilities. Current Florida family law rules contain circumstances in which financial-affidavit filing or service requirements may differ or may be waived.
Barbra can advise clients concerning the financial disclosure requirements applicable to their particular case.
Discovery in a Divorce Case
In addition to mandatory financial disclosure, either party may seek additional information through the discovery process when appropriate. Discovery can be particularly important in complex or contested divorce cases.
Depending upon the case, discovery may involve:
- Requests for documents
- Written questions
- Depositions
- Subpoenas
- Business records
- Bank and investment records
- Employment and compensation records
- Expert analysis
- Other financial or factual information
The scope of discovery should be tailored to the issues in the case.
Complex Financial Discovery
Divorces involving business owners, executives or professionals, or those with substantial assets, may require more extensive financial analysis. Relevant issues may include:
- Business valuation of closely held businesses and professional practices
- Business income and compensation analysis
- Retirement and pension assets
- Executive compensation, bonuses and deferred compensation
- Stock options and restricted stock
- Equitable distribution of investment accounts and real estate
- Marital debt and liabilities
- Hidden or disputed assets
- Forensic accounting
When appropriate, Barbra may work with forensic accountants, business valuation professionals and other financial professionals.
Temporary Issues While a Divorce Is Pending
A divorce can take time to resolve. During the case, temporary issues may need to be addressed. Depending upon the circumstances, these may involve:
- Temporary financial support
- Temporary alimony
- Child support
- Parenting and time-sharing arrangements
- Payment of household expenses
- Use of property
- Attorneys' fees
- Other temporary relief
Some temporary issues can be resolved by agreement. Others may require court intervention. The appropriate strategy depends upon the circumstances and priorities of the particular case.
Parenting Plans and Time-Sharing
When parents have minor children, issues involving parental responsibility, parenting plans and time-sharing may become an important part of the divorce.
Florida uses the terms "parental responsibility," "parenting plan" and "time-sharing" to describe what many people commonly refer to as child custody and visitation. While the phrase "child custody" is still widely used by prospective clients searching for information, Florida courts and statutes focus on parental responsibility and the specific time-sharing schedule set out in a parenting plan.
Parenting plans address how parents will share time with their children and how decisions about the children's welfare will be made. These issues can be among the most significant in a divorce.
Negotiation and Settlement
Many Florida divorce cases are resolved without a final contested trial. Settlement discussions can occur at different stages of a case. The parties may negotiate directly through their attorneys and may also participate in mediation.
A negotiated resolution can give the parties greater control over the outcome and may reduce the financial and emotional cost of litigation. However, settlement should be based upon sufficient information.
In a financially significant divorce, it can be difficult to evaluate a proposed settlement without first understanding the assets, liabilities, income and other relevant financial circumstances. Barbra works to develop that understanding before advising clients concerning significant settlement decisions.
Mediation
Mediation is commonly used in Florida family law cases. A neutral mediator assists the parties in attempting to resolve disputed issues. The mediator does not act as either party's attorney and does not make decisions for the parties.
Issues that may be addressed at mediation include:
- Property division
- Alimony
- Child support
- Parenting plans and time-sharing
- Business interests
- Retirement assets
- Marital debt
- Other disputed matters
When a resolution is reached, the agreement can be documented and presented to the court as appropriate.
When a Divorce Goes to Trial
Not every case can be resolved through negotiation or mediation. When significant issues remain disputed, the case may proceed to trial.
At trial, the parties may present testimony, documents, financial evidence, expert testimony and other admissible evidence. The judge then determines the unresolved issues.
Barbra prepares cases strategically with the understanding that litigation may become necessary while continuing to evaluate reasonable opportunities for settlement. Her background includes extensive family law experience as well as trial and appellate work. Learn more about Barbra.
Final Judgment of Dissolution of Marriage
A divorce becomes final when the court enters a Final Judgment of Dissolution of Marriage. Depending upon the case, the final judgment may incorporate a settlement agreement reached by the parties or contain rulings made by the court following trial.
The final judgment may address issues including:
- Dissolution of the marriage
- Equitable distribution
- Alimony
- Child support
- Parenting plans and time-sharing
- Responsibility for marital liabilities
- Attorneys' fees
- Other relief
The obligations contained in a final judgment or incorporated settlement agreement should be taken seriously.
After the Divorce
Entry of the final judgment does not necessarily end every family law issue. Post-judgment matters may include:
- Enforcement and contempt
- Modification of certain support obligations
- Modification of parenting or time-sharing arrangements when legally appropriate
- Implementation of property transfers
- Division of retirement benefits
- Other issues arising under the final judgment
How Long Does a Florida Divorce Take?
There is no single timetable that applies to every divorce. The length of a case can depend upon factors such as:
- Whether the parties agree on the major issues
- The complexity of the marital estate
- Whether a business must be valued
- The extent of financial discovery
- Parenting or time-sharing disputes
- Whether experts are required
- The court's schedule
- Whether the case proceeds to trial
A relatively straightforward uncontested case may proceed much differently from a complex divorce involving businesses, significant assets or contested parenting issues.
Frequently Asked Questions About Florida Divorce
Strategic Guidance Through the Florida Divorce Process
Every divorce is different.
A case involving a relatively straightforward marital estate may require a very different strategy from one involving a privately held business, substantial investments, executive compensation, significant real estate or contested parenting issues.
Barbra Amron Weisberg has more than 30 years of legal experience representing clients in divorce and family law matters. Her approach is to help clients understand the process, identify the issues that matter most, obtain the information necessary to make informed decisions and develop a strategy appropriate for their particular circumstances.
From her Boca Raton office, Barbra represents clients in Palm Beach, Broward and Miami-Dade Counties.
Schedule a Private Consultation
If you are considering divorce, have been served with divorce papers or are facing a complex family law matter, contact Barbra Amron Weisberg, P.A. to discuss your circumstances and legal options.
Barbra Amron Weisberg, P.A. · 4800 North Federal Highway, Suite E301, Boca Raton, Florida 33431