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How to File for a Divorce? Affordable Divorces in Florida


— January 30, 2025

Going through a divorce is an emotionally challenging procedure. Understanding the process can make the process smoother to some extent.


A divorce can be emotionally draining and a legally complex procedure. Figuring out all the steps before you go forward with the process, can simplify it. Florida, being a no-fault divorce state, does not need either spouse to prove any wrongdoing to file for a divorce. A “irretrievably broken” marriage is legally enough to proceed without blaming anyone. 

Before you file for a divorce, it’s important to understand the key aspects, which include residency requirements, financial disclosures, child custody regulations, and property division rules. 

Are You Eligible To File For A Divorce In Florida?

One of the primary eligibility criteria is residency. At least one of the spouses must be a resident of Florida for a minimum of six months before they initiate the divorce process. This is to ensure that Florida courts have the jurisdiction and authorization to handle the case. 

If both spouses agree on all terms without any minor children, neither seeking any alimony, you might want to go for Simplified Dissolution of Marriage, being the faster and least complicated process. 

However, if there’s a dispute regarding property, child custody, or alimony, you might have to opt for Regular Dissolution of Marriage, which is a more complex process. 

How To File A Divorce Petition?

With the legal complexities involving a divorce, it is advisable to always seek assistance from a divorce lawyer. Even though divorces can get expensive, you can always seek assistance from experienced lawyers for affordable divorce in Florida.  

After gathering the necessary documents as advised by your lawyer, you submit a Petition for Dissolution of Marriage at the county clerk’s office where any of the spouses resides. 

This petition outlines the basic details of the marriage, including any requests related to child custody, property division, or alimony. The filing fee typically is between $400 to $450. 

The petition is served to the other spouse as a notification of the divorce proceedings. This can be done through the Sheriff’s Office or a private process server. Notifying the other party is a crucial legal step, as any failure can delay or complicate the process. 

Response From The Other Party

After the divorce petition is filed and served, the other spouse is given 20 days to file an ‘Answer’ to the court. This can be either agreeing to the terms outlined or contesting it. 

In case of agreement, the divorce can proceed smoothly without any legal battle. However, in case of disputes, the case will move to mediation or court trials, depending on the complexities of the dispute. 

Mediation & Settlement Negotiations

Mediation is a mandatory step in contested divorces in Florida. A neutral third-party mediator aims to resolve disputes and negotiate terms in regard to asset division, child custody, spousal support, and debt allocation. 

Mediation is a comparatively less complex and cheaper option than litigation. After coming to an agreement, a Marital Settlement Agreement (MSA) is drafted. It is submitted to the court for approval. 

In Case Of Trial and Case Hearing 

If both parties reach an agreement on all terms, the court schedules a final hearing. A judge reviews the settlement and issues a Final Judgment of Dissolution of Marriage. 

In case mediation fails, the case will proceed to a Court trial. A judge will make the final decisions regarding the case. Florida follows an equitable distribution rule. It ensures a fair distribution of marital assets—but not necessarily equally. 

In case of determining child custody, the court prioritizes the best interest of the child. It considers parental involvement, stability, and overall well-being. 

In a similar way, spousal support is based on factors like income disparity, length of the marriage, and financial needs. 

Final Judgment of Dissolution of Marriage

Wooden gavel on white marble tabletop; image by Wesley Tingey, via Unsplash.com.
Wooden gavel on white marble tabletop; image by Wesley Tingey, via Unsplash.com.

After the legal matters are resolved, whether by mediation or litigation, the judge issues a Final Judgment of Dissolution of Marriage, officially ending the marriage.

The document serves as legal proof of divorce and outlines key terms like property division, child custody, spousal support, or some other agreed-upon court decision. Both parties shall receive copies of the final decree. This copy should be kept for future reference for dealing with cases like name changes, updating financial accounts, or modifying custody arrangements.

Wrapping Up…

Going through a divorce is an emotionally challenging procedure. Understanding the process can make the process smoother to some extent. Gathering all required information and documents can help you get your best interest out of this complicated process. A divorce lawyer can help you take care of the legal procedure. 

Regardless of your situation, having a skilled and experienced divorce lawyer in Florida can make the divorce process less stressful and help you move forward with confidence. 

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