How Marriage Was Dissolved: Divorce vs. Dissolution in Florida
Did you know that in Florida, “divorce” and “dissolution of marriage” mean the same thing? Florida calls it “dissolution of marriage” when a marriage ends legally, and this legal process involves several steps.
In Florida, you don’t have to prove who was at fault. You just need to show that your marriage is over for good. This makes ending a marriage easier and less stressful.
To begin the process, either you or your spouse can start it. You both must have lived in Florida for at least six months. This rule helps make sure Florida courts can handle your case.
Key Takeaways About Divorce vs. Dissolution in Florida:
In Florida, "dissolution of marriage" is the legal term for divorce
No fault needs to be proven; the marriage must be "irretrievably broken"
Either spouse can file for dissolution after six months of Florida residency
The process addresses asset division, support, and child-related issues
Florida offers simplified and regular dissolution options
Mediation is encouraged to reach agreements without trial
Financial disclosures are mandatory in all cases seeking financial relief
Understanding Marriage Termination Options in Florida
When your marriage gets tough in Florida, you have many choices. The state has different ways for couples to end their marriage or take a break. Let’s look at these options to find the best one for you.
In Florida, ending a marriage is called ‘dissolution of marriage’ or divorce, and the dissolution process can vary depending on the type. There are two types: simplified and regular. Simplified divorce is for couples without kids and who agree on everything. It’s fast, taking about 4-5 weeks.
Regular divorce is for couples with kids, alimony issues, or disagreements. This process can take from 4 months to over a year.
Maybe you’re not ready to fully split up. Florida doesn’t have legal separation, but you can make a separation agreement. This lets you live apart without ending the marriage.
If you think your marriage was not valid, annulment might be for you. It’s rare in Florida but possible in cases like underage marriage or fraud. Unlike divorce, annulment says the marriage was never legal.
| Option | Timeline | Cost | Privacy |
|---|---|---|---|
| Simplified Dissolution | 4-5 weeks | ~$2,000 | High |
| Regular Dissolution | 4 months - 1+ year | $10,000+ | Low |
| Collaborative Divorce | 3-9 months | Lower than litigation | High |
| Mediation | Varies | Lower than litigation | High |
Every option for ending a marriage has its own legal steps and things to think about. Your choice can affect how you split property, support payments, and who gets custody. It’s important to think about these things carefully before choosing your path.
How Your Marriage Was Dissolved: Types of Dissolution in Florida
Florida has two main ways to end a marriage: simplified and regular dissolution. Your situation decides which path you'll take. Let's look at these options and the rare choice of annulment.
Simplified Dissolution of Marriage Process
This fast route is for about 10% of Florida divorces. You qualify if you have no kids, agree on everything, and don’t want alimony, meaning both parties mutually agree to the terms. It usually finishes in 30 days.
Both sides agree the marriage is over and sign a separation agreement.
Regular Dissolution of Marriage Procedure
Most Florida divorces (90%) take this path. It’s needed if you have kids, alimony issues, or can’t agree. The process can take 6 months to a year.
You’ll file a petition, share financial info, and the other spouse will have the opportunity to respond. 60% of cases need mediation, but 80% settle before trial.
In Florida, 98% of marriages end because they’re “irretrievably broken” - a no fault divorce reason. Only 2% cite a spouse’s three-year mental incapacity. You must live in Florida for six months before filing.
Annulment as an Alternative Option
Annulment is rare in Florida. It's for marriages that are void, like underage spouse, bigamy, or fraud. Unlike dissolution, annulment says the marriage never existed.
Whichever path you choose, it ends with a judgment entry or divorce decree. This outlines the terms of your marriage's end.
Legal Requirements and Residency Rules
Getting a divorce in Florida has its own rules. Knowing these can make things easier for you.
Florida Residency Requirements
To get a divorce in Florida, you must live here for six months. This rule makes sure Florida can handle your case.
Grounds for Dissolution in Florida
Florida is a "no-fault" divorce state. This means you don't have to blame anyone to get a divorce. The main reason is that the marriage is "irretrievably broken."
Required Legal Documentation
You'll need to prepare some important documents for your divorce. These include:
Petition for Dissolution of Marriage
Financial Affidavits
Parenting Plan (if you have minor children)
Child Support Guidelines Worksheet (for cases involving child support)
Mandatory Financial Disclosures and Spousal Support
Both sides must share financial information within 45 days. This is important for dividing property, figuring out support, and determining attorney fees. Your lawyer can help you with this.
| Document | Deadline | Can be Waived? |
|---|---|---|
| Financial Affidavit | 45 days after service | No |
| Mandatory Disclosure | 45 days after service | Yes, by mutual agreement |
| Child Support Worksheet | Before temporary hearing | No, if child support is involved |
Remember, the court might ask for mediation first. This helps solve problems and make the divorce process smoother.
Key Issues Addressed in Florida Dissolution Cases: Child Custody
Florida dissolution cases deal with important topics, including dividing marital property, deciding on spousal support, figuring out child custody, and setting child support. Courts look at many factors when making these decisions.
In dividing property, Florida starts with a 50/50 split. But, some things can change this. These include:
Contributions to the marriage
Economic circumstances
Marriage duration
Spousal support, or alimony, has changed. As of July 2023, permanent alimony is gone in Florida. Now, courts look at rehabilitative and durational alimony. They consider things like how long you were married, your living standards, and what each spouse contributed.
Child custody, or “timesharing” in Florida, is all about what’s best for the child. The law doesn’t favor one parent over the other. Courts look at 20 factors, including:
Parental capacity
Child’s preference
History of stability
Parental responsibilities
As of July 2023, Florida law thinks equal time-sharing is best for the child. But, this can be changed if there’s evidence against it.
When figuring out child support, both parents’ incomes and the time-sharing schedule matter. Courts can make temporary orders to help with urgent needs.
It’s key to make a detailed parenting plan. This plan shows who does what and when. You can also try to work out these issues through mediation before going to court.
Conclusion
Olivia Pelts | Therapist in St. Petersburg, FL
Going through a divorce in Florida is complex. It’s smart to talk to a divorce attorney who can explain your rights and what to expect. You must share all financial details. You’ll deal with dividing property and figuring out child custody.
Most cases settle without going to court. But, it can still take months to finish.
It’s smart to talk to a lawyer. They can explain your rights and what to expect. The court will make your marriage officially end with a final judgment.
Recent studies show 40-50% of marriages in the U.S. end in divorce. This change shows how society and laws are evolving.
Courts try to make fair decisions. They look at how long you were married, your financial situation, and what’s best for the kids. Your beliefs and community values might also play a part.
By knowing the legal steps and getting help from a lawyer, you can find a fair solution. This way, you can move on with your life.
Frequently Asked Questions About Divorce in Florida
What's the difference between divorce and dissolution of marriage in Florida?
In Florida, "divorce" and "dissolution of marriage" mean the same thing. "Dissolution of marriage" is the legal term. Both are about ending a marriage legally.
What options do I have for ending my marriage in Florida?
You can choose from several ways to end your marriage in Florida. You can get a dissolution (divorce), separate, or ask for an annulment in rare cases. Each choice has its own rules and effects, and it’s important to consider what is best for both you and your family.
What types of dissolution are available in Florida?
Florida has two main types of marriage dissolution: simplified and regular. There’s the simplified dissolution for couples without kids who agree. Then there’s the regular dissolution for couples with kids, alimony, or disagreements.
What are the residency requirements for filing for dissolution in Florida?
To file for dissolution in Florida, one spouse must live in Florida for six months before filing. Unlike Ohio law, which has its own residency requirements, Florida requires six months of residency before filing.
What are the grounds for dissolution in Florida?
The main reason for dissolution in Florida is that the marriage is "irretrievably broken." Florida is a no-fault state. You don't need to prove fault by either spouse.
What documents do I need to file for dissolution in Florida?
You'll need a petition for dissolution, financial affidavits, and a parenting plan if you have kids. Both sides must share financial information within 45 days.
What key issues are addressed in Florida dissolution cases?
Key issues in Florida dissolution cases include dividing assets and debts, alimony, child support, and who gets to spend time with the kids. The court looks at many factors when deciding these things.
Is mediation required in Florida dissolution cases?
The court might ask for mediation before a final hearing, especially for disputes over kids or property. Mediation can help couples agree without going to court.
Can I get an annulment instead of a dissolution in Florida?
Annulment is rare in Florida. It's only for marriages that are void, like if one spouse was underage or there was fraud. Most people will need to get a dissolution instead.
Do I need a divorce attorney for my Florida dissolution case?
You can do a simple dissolution without a lawyer. But, many cases are better with a lawyer. A good Florida family law attorney can protect your rights and interests.