Frequently Asked Questions About Divorce in Florida

When you got married, you never expected it to end in divorce. Now that you have accepted the fact that your marriage is over, you may not know what to expect and you likely have many questions. Family members and friends who have been through the process may provide well-intentioned advice, but truthfully, that may only cause further confusion. No two divorce cases are exactly alike and what happens in one case may not in another. Below, one of our divorce and marital attorneys in Tampa answers the most frequently asked questions we hear so you are better prepared.

Is Florida a No-Fault Divorce State? 

Yes. Some states allow spouses to file on fault-based grounds, such as adultery. Others allow for fault-based grounds as well as no-fault grounds when someone wants to file for divorce. Florida is a purely no-fault state. This means when you or your spouse files, you must only state that the marriage is irretrievably broken and that there is no chance of reconciliation. The only other grounds you can state when filing is mental incapacitation for at least three years before filing.

Does it Matter Who Files First? 

Not legally speaking, no. You will not obtain a more favorable outcome if you file first, but it does have some benefits. Filing first will give you more time to collect important documents such as previous tax returns, income statements, and others. You will also have more time to start separating your income from your spouse’s, such as opening a separate bank account and taking their name off of your credit cards.

How Long Does Divorce Take?

 The answer to this largely depends on the type of divorce you are seeking, and whether you and your spouse agree to the terms of the case. Uncontested divorces, in which both parties agree, take anywhere between six weeks and six months, generally speaking. If you take the case to trial, divorce can take much longer. Contested divorce cases can take up to one year or more before being finalized.

Is There a Waiting Period for Divorce? 

Yes. Florida places a waiting period of 20 days on divorce cases. This means your case cannot be finalized until at least 20 days after you or your spouse has filed the papers with the appropriate court.

Can My Spouse Pay My Legal Fees?

Everyone should work with a Tampa divorce attorney when ending their marriage, but not everyone can afford one. You can ask your spouse to pay your legal fees, but you must include the request in your original petition. If your spouse is the first to file, you must include the request in your counter-petition.

Our Divorce and Marital Attorneys in Tampa Can Answer Your Questions 

At All Family Law Group, P.A., our Tampa divorce and marital attorneys are happy to answer all of your questions throughout the process so you can make informed decisions and obtain the best outcome. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html