FAQ - Family Law – divorce, child custody, support

REGRETFULLY, MY SPOUSE IS PURSUING A DIVORCE, HOW MUCH IS IT GOING TO COST ME?
Costs for an entire dissolution vary. The costs of each dissolution are as personal and different as fingerprints. The costs for a dissolution also depend upon the parties involment, disposition, and attitude. Costs should not be so overburdensome that the entire procedure is spoiled for the parties. Remember, if children are involved, the parties should remain amicable for the rest of their lives.

MY SPOUSE IS PURSUING A DIVORCE, HOW LONG IS THIS GOING TO TAKE?
Just like the costs, the length of time for an entire dissolution vary. Again, the length of time of each dissolution is as personal and different as fingerprints. The length of time for a dissolution also depends upon the parties involment, disposition, and attitude. The minimum amount of time would be 22 days. The maximum amount of time could be over two years.

What are the grounds for getting a divorce in Florida?
Florida is a "no fault" state. Therefore, a spouse does not have to prove marital misconduct, such as adultery to obtain a divorce. A judge will grant a divorce as long as one spouse alleges that the marriage is "irretrievably broken"; that is the marriage cannot be repaired or maintained. A judge may order marital counseling if children are involved and one of the spouses objects to the divorce; however, as long as one spouse continues to believe (despite counseling) that the marriage is irretrievably broken, a judge will eventually grant the divorce.

Can I get a legal separation?
There is no legal separation in Florida. Although you need not be separated while the divorce is pending, you may do without being charged with desertion. In some extraordinary case, you might be able to obtain support without petitioning for divorce.

Must I be a resident of Florida in order to get a divorce in this state?
Yes. Florida law requires that one spouse be a permanent resident for at least six months prior to filing a petition for dissolution.