• Clark Henderson

Key Facts Related to Divorce in Florida


Are you preparing to file for divorce in Florida? You may be wondering where exactly to start and what you need to know about the process.

To give you some help, we’ve compiled some key facts related to divorce in Florida:

Grounds for divorce: Florida is a no-fault divorce state, which means you do not need to (and in fact, cannot) allege wrongdoing on the part of your spouse as the reason for the divorce. Instead, most divorces are based on the grounds of an irretrievable breakdown in the marriage.

Starting the process: Your first step will be to file a Petition for Dissolution of Marriage in court. In it, you will include any claims for dividing property and debts, alimony, and establishing child custody and/or child support.

Residency: To obtain a divorce in Florida, at least one spouse must have been a resident of the state for six months (or 180 days) before filing.

Property division: Florida is an equitable division state, which means judges divide property based on what is fair — not necessarily what is equal. Spouses can maintain ownership of any property that is solely in their name.

Protective orders: If your spouse is violent or you have reason to feel threatened, you may seek a temporary protective order preventing him or her from contacting you or your children for a certain period of time.

Child support and child custody: Florida, like all states, seeks to develop child support and custody arrangements that are in the best interests of the child. The courts will analyze a variety of factors in developing these arrangements and will hear arguments from each parent. Ultimately, the decision is made with the child’s future health and happiness in mind.

Divorce forms: You may get some of the basic divorce forms at your local courthouse or law library, and there is also a digital repository of divorce forms and information that you might find valuable.

Changing your name: You may get your name changed after your divorce. Many people choose to return to their maiden names.

This process may be complex, but with the right attorney, you can make it through your divorce and position yourself well financially and logistically moving forward. For more information on getting a divorce, contact an experienced Florida family law attorney at Oberliesen & Henderson. Call our Shalimar office at(850) 863-0494 or contact us online today.

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Licensed practicing attorneys in Fort Walton Beach, Florida experienced in family law and criminal defense.

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