A petition for divorce in Florida

Types Of Divorce In Florida: Explained By A Divorce Lawyer

Many people believe that divorce covers a single process, but that is not true. Every person faces a different experience because there are many types of divorce in Florida.

You may be eager to learn about these divorce types if you want to get separated from your spouse. The best news is you don’t have to search any further to understand the different processes.

Below you can learn everything about the different types of divorce in Florida.

What Are The Different Types Of Divorce In Florida?

An infographic on the four types of divorce in Florida

You may file for uncontested divorce in Florida or no-fault processes. Many other types of divorce in Florida are also present. Here are complete details about each one:

1.   Uncontested Divorce In Florida

There are two broad categories for different types of divorce in Florida. They may be simple or regular. Uncontested processes come under the regular divorce category.

An uncontested divorce in Florida is one where couples reach mutual agreements to separate. This may seem easy to you, but it can be complex to reach a settlement.

For an uncontested divorce in Florida, you must sit with your spouse and talk about every important aspect. You will have to gather your financial statements, credit card returns, income proof, and much more.

Using these things, you must reach a financial settlement. This agreement may include spousal support information. Then, you must organize your assets and divide them accordingly.

If you and your partner have debts and kids, you will also have to reach an agreement on payments plus custody respectively. Once you both verbally agree on things, you must create an official marital settlement agreement with the agreed points in written form.

Sign the official documents and notarize them for official purposes. After that, you may hire a family lawyer to initiate the divorce process in Florida.

They will submit your marital agreement along with other paperwork to the court. Once a judge sets a hearing, your uncontested divorce in Florida will finalize.

2.   Contested Divorce In Florida

The regular types of divorce in Florida include uncontested and contested divorce cases. Starting such a separation process can be complex because it can prolong for months or years. This will depend on the cooperation ability of you and your spouse.

A contested divorce in Florida means that one or both parties disagree on specific matters. For example, you may not be able to form a marital settlement agreement due to issues with property division.

Child custody is another common reason that leads to contested divorce in Florida. In such cases, one party will file for divorce and be known as the petitioner. Meanwhile, the other person will be the respondent.

The case will go to trial and a judge will decide on issues the couple is facing for the divorce. They will give orders for appropriate divisions and may even award one parent custodial rights with the other parent getting visitation rights.

It is important for the petitioner spouse to attend their final contested divorce hearing in Florida. However, the respondent has an option to not attend.

The best way to seek contested divorce in Florida is by hiring a divorce lawyer. They file paperwork and prepare you for court hearings.

3.   Simple Divorce In Florida

A simple divorce in Florida is one of the easiest types of divorce in Florida. That is because both spouses ask the court for separation. This means there are two petitioners in simple types of divorce in Florida.

The best thing about such a divorce is that you can get it without seeking a family attorney’s help. This can help you reduce the costs of your separation.

However, there are some requirements that you and your spouse must meet for a simple divorce in Florida:

  • The couple must not have any minor children
  • The wife must not be pregnant
  • A financial affidavit submission is necessary
  • The couple must develop a property settlement agreement even if they have no property and submit it with paperwork
  • Both spouses must attend the last divorce hearing

You and your partner may contact a court clerk in your area to file for simple divorce in Florida. They will offer you more information about this type of separation.

The clerk will also offer you paperwork forms that you and your spouse must fill out. You will have to submit the forms along with the necessary documents mentioned earlier.

Simple types of divorce in Florida are finalized faster, but throughout the proceedings, you and your spouse must be on the same page.

4.   No-Fault Divorce In Florida

A no fault divorce in Florida mainly refers to the ending of a marriage without considering any spouse’s faults. Such types of divorces mainly state the cause as irreconcilable differences.

This means the couple believes their marriage is beyond repair and there are zero chances of living with each other amicably. In no-fault divorces, the two spouses must meet one of the grounds of divorce in their state.

The grounds for all types of divorce in Florida are only two. If your marriage is irreparably broken, you or your spouse may file for divorce. When one of the spouses has been legally declared by a judge as mentally incapacitated for three years, the other partner can seek divorce.

It is necessary for one spouse to have been a resident of Florida for at least six months to get a no fault divorce in Florida.

The primary purpose of such divorce types in Florida is to reduce the overall process time in courts. That is because spouses will not have to prove any wrongdoing committed by their partners.

Some people don’t hire a lawyer for such no-fault types of divorce in Florida to reduce costs. However, it is recommended to consult one before starting the process for an easy experience.

Online Divorce In Florida: An Option For People Not Looking For A Divorce Attorney

An answer post explaining what is online divorce in Florida

There are two ways to get the earlier types of divorce in Florida. You can go with or without a lawyer to a family law court to file for separation from your spouse.

Another option is to get an online divorce in Florida. This option allows you to use a service provider to walk you through the divorce process. The company will generate paperwork for your relevant type of separation and fill it in using the information you give them.

They will serve forms, sort parental class issues in child custody cases, and more to help you through the process. Some companies offer lawyer assistance, but you may reduce your costs by opting for service providers that don’t offer attorney help.

Online divorce in Florida is mainly best for those who don’t want to hire an attorney. It is also preferable for uncontested types of divorce in Florida. Other cases may go to court for which you may require a family lawyer’s help, which the service provider may not offer.

Where To File The Different Types Of Divorce In Florida?

There are two types of places where you can file the different types of divorce in Florida. Let’s look at them:

1.   Clerk At County Court

You must reach a clerk at your county court to file for a simple divorce in Florida. The person will tell you all the requirements you must fulfill for the separation process. They will also offer you forms that you must fill out with your partner.

Once you fill out the relevant forms, you will have to submit them to the clerk at the county court. They will make copies of the paperwork to give you, while the original will remain with them.

The clerk will process the documents and a court hearing for finalization will be decided if every document is present. You and your spouse will attend the hearing to finalize the divorce.

Even those getting an uncontested divorce in Florida can also follow the same method as a simple divorce.

2.   Clerk At Circuit Court

The types of divorce in Florida that have disagreements have to be filed with the clerk at the circuit court of your county. A prime example of a divorce you can file at this court is a contested divorce in Florida.

Legal residence and other requirements will have to be met before the clerk accepts your paperwork. You’ll also have to collect all forms from the circuit court clerk and submit the papers to them after filling them out.

The clerk will process the documents to help you set a hearing with a judge to start your case proceedings. There may be multiple court hearings and you may have to file more paperwork for them.

FAQs

What Are The Different Types Of Divorce In Florida?

The different types of divorce in Florida are uncontested divorces, contested divorces, no-fault separations, and simple dissolution of marriage.

What Are The Divorce Rules In Florida?

Florida has a no-fault divorce rule that requires people to meet one of the two grounds of separation set by the state. In child custody cases, there is also a rule of completing a four-hour parental stability course.

What Is The Fastest Divorce In Florida?

The fastest divorce in this state is a simple divorce. It can take up to 30 days to finalize this separation in court.

How Long Does A Divorce Take In Florida? 

The average time different types of divorce in Florida take is three weeks to six months. Some may take more or less time, depending on the issues with the case.

Final Thoughts 

There are four types of divorce in Florida that your case may fall under. It is advised to hire a family lawyer for separation cases to reduce your work. So phone us today to set up a consultation visit with our team of family attorneys.

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