Frequent Florida Divorce Questions
How long will the divorce process last?
If both parties agree on all of the issues pertaining to their divorce, the process can be done very quickly. Florida Statute 61.19 only prescribes that a period of 20 days must elapse from the date of filing the original petition for dissolution before a final judgment may be entered by the Court; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.
If there are contested issues involved, the process can take much longer. It is not uncommon for a contested case to take several months or more to resolve. It is in both parties best interest to go into the divorce process with realistic expectations to minimize the costs and burden upon the family.
Speak with an attorney, don’t get legal advice from family or Friends.
Speak with an attorney about your situation. The law is complex, changes over time and varies from State to State. The facts of each situation are also unique. Your relative or friend's divorce is not the same as yours. We frequently meet with people who have already made crucial mistakes that could have been avoided because they got bad advice from relatives or friends.
Can my spouse and I use the same attorney?
An attorney can only represent and provide legal advice to one party in a divorce because of the conflict of interest between the two parties.
Do I have to go to Court?
It depends on the county, Judge and the facts of your case. In some Florida counties, Judges have procedures in place whereby neither party may be required to go to Court if the parties are able to reach an agreed upon resolution. However, some Judges still require one or both of the Parties to attend the final hearing on the divorce even if they reach a resolution. If your case doesn't resolve, you will be required to attend a Trial.
How long do I have to live in Florida before I can file for divorce?
Florida has a six month residency requirement, unless one of the parties is a member of the military and meets the requirements to file in Florida as a military member.
Where do I file for a divorce?
Most of the time the parties will reside in the same county and you will file for a divorce with the Clerk of the Court in that county. Sometimes parties may reside in different counties or even different states or countries. If this is your situation, it is best to consult with an attorney to determine where you will need to file your divorce.
Can I move out of the marital residence?
You should speak with an attorney before deciding to move out of the marital residence. Leaving the marital residence will likely increase your costs during a time when your financial resources may already be strained. It may also affect your ability to see your children as frequently and may place the Party remaining in the residence in an advantageous position. We have found that it can in some cases increase the amount of time it takes to resolve the case.
Am I required to attend a parenting course?
All parties to a divorce proceeding with minor children are required to complete a parenting course prior to the entry by the Court of a final judgment. However, in certain cases the Court may excuse a party from attending the parenting course, or from completing the course within the required time, for good cause.
What happens to the engagement ring?
An engagement ring given to the wife prior to marriage is typically a nonmarital asset. In most cases, the wife gets to keep the engagement ring.
What happens to the family pet?
Family pets are considered personal property and must be awarded to one party or the other. There is no custody or visitation for a family pet.
Orlando Divorce Attorney:
Call us today to speak directly with one of our experienced Orlando divorce attorneys about your situation. Our attorneys have handled thousands of cases during their legal careers. We work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.