Divorce is a major life decision, and understanding the legal landscape before you begin can help you protect your rights, finances, and family. If you’re considering divorce in Orlando, Florida, it’s important to understand how state laws may affect your case. This guide outlines ten essential things to know before filing for divorce in Florida, so you can move forward with clarity and confidence.
What to Know Before Filing for Divorce in Florida
1. Florida Is a No-Fault Divorce State
Florida follows a no-fault divorce system, meaning neither spouse has to prove wrongdoing. Instead, one spouse must state that the marriage is “irretrievably broken” or that one spouse has been mentally incapacitated for at least three years.
2. You Must Meet Florida’s Residency Requirement
Before filing, at least one spouse must have lived in Florida for a minimum of six months. Proof may include a Florida driver’s license, voter registration, or testimony from a witness.
3. Divorce Can Be Contested or Uncontested
An uncontested divorce occurs when both spouses agree on key issues like property division, child custody, and support. A contested divorce involves disputes that may require court intervention, mediation, or litigation.
4. Property Is Divided Under Equitable Distribution
Florida uses equitable distribution, which means marital assets and debts are divided fairly, but not always equally. The court considers factors such as the length of the marriage, financial contributions, and each spouse’s economic circumstances.
5. Not All Property Is Considered Marital
Generally, assets acquired during the marriage are marital property, while assets owned before marriage, inheritances, and certain gifts may be considered non-marital, unless they were commingled.
6. Alimony Is Determined by Several Factors
Florida courts may award different types of alimony, including temporary, rehabilitative, durational, or permanent. Factors include the length of the marriage, standard of living, and each spouse’s earning capacity.
7. Child Custody Is Based on the Best Interests of the Child
Florida uses the term time-sharing rather than custody. Courts focus on the child’s best interests, considering factors such as parental involvement, stability, and the ability to foster a healthy parent-child relationship.
8. Parenting Plans Are Required
If you have minor children, you must submit a detailed parenting plan outlining time-sharing schedules, decision-making responsibilities, and communication methods between parents.
9. Child Support Follows State Guidelines
Child support in Florida is calculated using statutory guidelines based on income, number of children, healthcare costs, and time-sharing arrangements. Courts may deviate from guidelines in certain circumstances.
10. Legal Guidance Can Make a Significant Difference
Divorce can be emotionally and legally complex. Working with an experienced family law firm can help ensure that paperwork is filed correctly, negotiations are handled strategically, and your rights are fully protected.
Speak With an Orlando Divorce Attorney at FCLC Group
If you’re thinking about divorce or have already decided to move forward, you don’t have to navigate the process alone. FCLC Group provides compassionate, strategic legal guidance for individuals and families throughout Orlando and Central Florida. Our experienced family law attorneys are here to answer your questions, protect your interests, and help you move toward a more secure future. Contact FCLC Group today to schedule a confidential consultation and take the first step forward.
