Divorce

THE FLORIDA DISSOLUTION OF MARRIAGE PROCESS

Deciding to end a marriage is a significant personal and financial decision. Whether you are considering divorce, have already been served with divorce papers, or have reached an agreement with your spouse, it is important to understand the legal process and the issues that may affect your future.

Florida law refers to divorce as a dissolution of marriage. A dissolution proceeding may address the division of assets and debts, alimony, parental responsibility, time-sharing, child support, use of the marital home, attorney’s fees, and other financial or parenting matters.

The family law attorneys at The Solomon Law Group, P.A. guide clients through each stage of the Florida divorce process. We help clients understand their rights and responsibilities, organize the necessary financial information, identify disputed issues, evaluate settlement options, and prepare for mediation, hearings, or trial when necessary.

A divorce is not simply a legal proceeding. It can affect where you live, your financial security, your relationship with your children, your ownership of property, and your plans. Our attorneys approach these matters with careful attention to both the legal issues and the personal circumstances of each client.

REQUIREMENTS FOR FILING FOR DIVORCE IN FLORIDA

Florida is a no-fault divorce state. A spouse generally does not have to prove adultery, abandonment, or other marital misconduct to obtain a dissolution of marriage.

To seek a divorce, one spouse must generally allege that marriage is irretrievably broken. Florida also has residency and jurisdictional requirements that must be satisfied before a court can enter a final judgment dissolving the marriage.

Questions that may arise at the beginning of a case include:

• Whether Florida is the proper state in which to file
• Which Florida county is the appropriate venue
• Whether the residency requirement has been satisfied
• Whether the court has jurisdiction over both spouses
• Whether the court has jurisdiction over the children
• Whether property or financial accounts are located outside Florida
• Whether another family-law case is already pending
• Whether immediate temporary relief is needed

Jurisdiction can become more complicated when a spouse recently moved, lives in another state or country, serves in the military, or when children have lived in different states.

CONSULTING A FLORIDA DIVORCE ATTORNEY

Before filing or responding to a petition for dissolution of marriage, a person should understand the legal and financial issues that may arise.

During the initial evaluation of a divorce matter, an attorney may review:

• The length of the marriage
• The parties’ current living arrangements
• Minor children and parenting concerns
• Income and employment
• Real estate
• Bank and investment accounts
• Retirement benefits
• Business interests
• Marital and separate debts
• Insurance
• Existing agreements
• Immediate financial needs
• Safety concerns
• Pending deadlines or court hearings

Clients should be prepared to provide accurate information, including facts that may be difficult or uncomfortable to discuss. An attorney’s advice depends on the completeness and accuracy of the information available.

GATHERING IMPORTANT DOCUMENTS

Financial information is central to most divorce proceedings. Gathering records early can help identify marital property, income, expenses, liabilities, and potential areas of disagreement.

Relevant documents may include:

• Personal and business tax returns
• Pay statements
• Bank statements
• Credit-card statements
• Mortgage and loan documents
• Retirement and pension statements
• Investment account statements
• Life-insurance records
• Property deeds
• Vehicle titles
• Business records
• Employment agreements
• Trust documents
• Prenuptial or postnuptial agreements
• Household budgets
• Records of significant purchases or transfers
• Documents showing assets owned before the marriage
• Records concerning inherited or gifted property

Electronic records, text messages, emails, photographs, and communications concerning finances or parenting issues may also become relevant. Documents and electronically stored information should be preserved when a divorce is anticipated or pending.

FILING THE PETITION FOR DISSOLUTION OF MARRIAGE

A Florida divorce case generally begins when one spouse files a petition for dissolution of marriage with the appropriate circuit court.

The person who files is called the petitioner. The other spouse is called the respondent.

The petition identifies the relief being requested and may address matters such as:

• Dissolution of marriage
• Equitable distribution of assets and debts
• Alimony
• Parental responsibility
• A parenting plan
• Time-sharing
• Child support
• Exclusive use of the marital home
• Temporary relief
• Attorney’s fees and costs
• Restoration of a former name
• Other relief permitted by law

The initial petition does not determine the outcome. It states the petitioner’s allegations and requests. The respondent has an opportunity to answer, deny allegations, raise defenses, and request relief.

SERVICE OF THE DIVORCE PAPERS

After the petition is filed, the respondent must ordinarily receive formal notice of the case through legally sufficient service of process unless service is waived in an appropriate manner.

Proper service is important because it establishes formal notice and allows the case to proceed.

Service may become more complicated when:

• The respondent cannot be located
• The respondent avoids service
• The respondent lives outside Florida
• The respondent lives outside the United States
• The respondent is serving in the military
• The parties disagree about whether service was proper

A respondent who receives divorce papers should not ignore them. Failure to respond may allow the other party to seek a default and proceed without the respondent’s full participation.

RESPONDING TO A PETITION FOR DISSOLUTION

The respondent may file an answer addressing the allegations in the petition. The respondent may also file a counterpetition requesting separate or additional relief.

A response may be addressed:

• Whether the marriage is irretrievably broken
• Identification of marital and nonmarital property
• Division of assets and liabilities
• Alimony
• Parental responsibility
• Parenting-plan provisions
• Time-sharing
• Child support
• Temporary relief
• Attorney’s fees
• Other disputed matters

Deadlines apply after service. A person who has been served should obtain legal advice promptly rather than waiting until a court date is approaching.

FINANCIAL DISCLOSURE

Florida divorce proceedings generally require the parties to exchange financial information. The required disclosures depend on the nature of the case and the applicable procedural rules.

Financial disclosure may include:

• A sworn financial affidavit
• Tax returns
• Proof of income
• Bank statements
• Retirement-account statements
• Loan applications
• Credit-card records
• Property records
• Financial Business records
• Information concerning insurance
• Documents concerning assets and liabilities

The purpose of financial disclosure is to allow both parties and the court to evaluate income, expenses, assets, debts, support issues, and equitable distribution.

Incomplete or inaccurate disclosure may delay the case, increase legal expenses, affect settlement negotiations, or result in court sanctions and other consequences.

DISCOVERY IN A FLORIDA DIVORCE

Discovery is the formal process by which each party obtains relevant information from the other party or from third parties.

Depending on the case, discovery may include:

• Written questions
• Requests for documents
• Requests for admissions
• Depositions
• Subpoenas to employers
• Bank and investment records
• Business records
• Real estate records
• Electronic communications
• Expert reports
• Inspections or appraisals

Discovery may be limited in a straightforward uncontested matter or extensive in a case involving substantial assets, a privately held business, disputed income, alleged concealment of property, or contested parenting issues.

TEMPORARY RELIEF WHILE THE DIVORCE IS PENDING

A divorce can take time to resolve. The court may enter temporary orders addressing immediate needs while the case is pending.

Temporary relief may concern:

• Temporary use of the marital home
• Temporary alimony
• Temporary child support
• Temporary parental responsibility
• A temporary parenting plan
• Temporary time-sharing
• Payment of household expenses
• Health insurance
• Preservation of assets
• Restrictions on transferring property
• Temporary attorney’s fees
• Responsibility for marital debts
• Other immediate financial or parenting issues

Temporary orders are not necessarily the same as the final judgment. However, they may significantly affect the parties while the case is pending and should be approached carefully.

DIVIDING MARITAL ASSETS AND LIABILITIES

Florida uses a process known as equitable distribution to divide marital assets and liabilities.

The process generally begins by identifying and classifying property and debt as marital or nonmarital. Marital assets and liabilities are then valued and distributed.

Property issues may involve:

• The marital home
• Other real estate
• Bank accounts
• Investment accounts
• Retirement benefits
• Pensions
• Vehicles
• Personal property
• Business interests
• Professional practices
• Stock and ownership interests
• Deferred compensation
• Life-insurance value
• Loans
• Credit-card balances
• Tax liabilities
• Mortgages
• Other marital debts

Florida courts generally begin with the premise that marital assets and liabilities should be distributed equally. The court may order an unequal distribution when legally justified by the relevant circumstances.

Equitable distribution does not necessarily mean that every asset is physically divided in half. One spouse may retain an asset while the other receives different property or an equalizing payment.

MARITAL AND NONMARITAL PROPERTY

An important part of equitable distribution is determining whether an asset or liability is marital or nonmarital.

Nonmarital property may include certain assets:

• Owned before the marriage
• Received individually by inheritance
• Received individually as a gift from someone other than the spouse
• Excluded through a valid written agreement
• Acquired in exchange for other nonmarital property

The classification may become more complicated when marital funds were used to pay expenses associated with nonmarital property, property was retitled, assets were commingled, or marital efforts increased the value of an asset.

Records showing when and how property was acquired may be important in tracing a claimed nonmarital interest.

THE MARITAL HOME

The marital home is often both a major financial asset and an important emotional issue.

Questions concerning the home may include:

• Whether the home is marital or nonmarital
• Its current value
• The mortgage balance
• Who will remain in the home temporarily
• Whether the home should be sold
• Whether one spouse can refinance
• Responsibility for mortgage payments
• Taxes, insurance, repairs, and maintenance
• Credits for post-separation payments
• Exclusive use and possession
• The effect of a parenting plan
• Division of sale proceeds

An agreement concerning the home should clearly address payment responsibilities, deadlines, refinancing, sale procedures, repairs, and what happens if a party does not comply.

RETIREMENT ACCOUNTS AND PENSIONS

Retirement benefits accumulated during a marriage may be marital assets even when an account or benefit is titled in only one spouse’s name.

Retirement property may include:

• 401(k) accounts
• Individual retirement accounts
• Pensions
• Government retirement benefits
• Military retirement benefits
• Deferred compensation plans
• Profit-sharing plans
• Employee stock plans
• Other retirement benefits

Dividing certain retirement accounts may require a separate court-approved order or other specialized documentation. Tax consequences, survivor benefits, loans, gains and losses, and timing should be considered before the final agreement or judgment is entered.

BUSINESS OWNERSHIP AND PROFESSIONAL PRACTICES

A divorce involving a business, partnership interest, limited liability company, corporation, or professional practice may require specialized financial analysis.

Issues may include:

• Whether the business interest is marital or nonmarital
• The date and method of valuation
• Business income
• Personal and enterprise goodwill
• Owner compensation
• Retained earnings
• Company-paid personal expenses
• Business debts
• Restrictions on transferring ownership
• Tax consequences
• Buyout arrangements
• Continued operation of the business

Accountants, valuation professionals, or other qualified experts may be needed when the value or income of a business is disputed.

ALIMONY IN A FLORIDA DIVORCE

Alimony is not awarded in every divorce. The court must evaluate the legal requirements and the financial circumstances of the parties.

Florida law currently recognizes forms of alimony that may include:

• Temporary alimony
• Bridge-the-gap alimony
• Rehabilitative alimony
• Durational alimony

Alimony issues may require consideration of:

• The requesting spouse’s actual need
• The other spouse’s ability to pay
• The duration of the marriage
• The parties’ income and financial resources
• Age and health
• Earning capacity
• Education and employability
• Contributions to marriage
• Childcare responsibilities
• Standard of living during marriage
• Other factors permitted by law

The amount and duration of any alimony award depend on the evidence and the statutory limitations that apply to marriage.

PARENTAL RESPONSIBILITY, PARENTING PLANS, AND TIME-SHARING

When spouses have minor children, the divorce must address parental responsibility, a parenting plan, and time-sharing.

Florida generally does not use traditional “custody” and “visitation” labels in its statutes. The parenting plan establishes how parents will share responsibility and time with their children.

A parenting plan may address:

• Decision-making authority
• Education
• Healthcare
• Extracurricular activities
• Regular time-sharing
• Weekends and weekdays
• Holidays
• School breaks
• Summer schedules
• Transportation and exchanges
• Parent-child communication
• Travel
• Access to records
• Methods of resolving future disagreements

The court must evaluate parenting issues according to the best interests of the child.

THE PARENTING COURSE

Parents of minor children may be required to complete an approved parenting course in connection with a Florida dissolution proceeding.

The course is intended to educate parents about the effect of divorce and family conflict on children. It does not replace legal representation, mediation, or the development of a parenting plan.

Course completion requirements and filing procedures should be addressed promptly so that they do not delay the final resolution of the case.

CHILD SUPPORT

Florida child support is generally calculated under statutory guidelines.

The calculation may consider:

• Each parent’s income
• The time-sharing arrangement
• Health-insurance costs
• Childcare expenses
• Uncovered medical expenses
• Other legally permitted adjustments

Income may include wages, salaries, commissions, bonuses, business income, retirement income, and other sources recognized by law.

Disputes may arise concerning self-employment income, voluntary unemployment or underemployment, fluctuating compensation, business expenses, benefits paid by an employer or business, or the accuracy of financial records.

Child support is separate from time-sharing. A parent should not withhold support because time-sharing was denied, or deny time-sharing because support was not paid.

MEDIATION IN THE DIVORCE PROCESS

Mediation allows the spouses to negotiate disputed matters with the assistance of a neutral mediator.

The mediator does not decide the legal case. Instead, the mediator helps the parties identify disputed issues, exchange proposals, and explore possible settlement terms.

Mediation may address:

• Equitable distribution
• Alimony
• Parenting plans
• Time-sharing
• Child support
• The marital home
• Business interests
• Insurance
• Attorney’s fees
• Other financial or parenting matters

Many Florida divorce cases are resolved in whole or in part through mediation. A settlement can allow the parties to exercise greater control over the result and avoid some of the uncertainty of trial.

No party should agree to settlement terms without understanding their legal, financial, and practical consequences.

MARITAL SETTLEMENT AGREEMENTS

When spouses resolve some or all of their issues, the terms may be placed in a written marital settlement agreement.

A marital settlement agreement may address:

• Property and debt division
• Alimony
• Sale or retention of the marital home
• Retirement accounts
• Business interests
• Insurance
• Tax-related responsibilities
• Attorney’s fees
• Parenting issues
• Other financial obligations

The agreement should be clear, complete, and enforceable. It should identify deadlines, payment terms, transfer procedures, and the consequences of noncompliance.

Once approved and incorporated into a final judgment, many provisions become enforceable as court-ordered obligations.

UNCONTESTED DISSOLUTION OF MARRIAGE

A divorce may proceed as uncontested when both spouses agree on every material issue and complete the required documentation.

An uncontested matter may still be required:

• A petition and response or waiver
• Financial disclosure
• A marital settlement agreement
• A parenting plan when minor children are involved
• Child-support calculations
• Required parenting-course completion
• Final hearing documents
• Entry of a final judgment

An uncontested divorce is not necessarily a simple divorce. Agreements involving children, property, retirement accounts, businesses, real estate, or support should be reviewed carefully before they are signed.

CONTESTED DISSOLUTION OF MARRIAGE

A case is contested when the spouses cannot agree on one or more material issues.

A contested case may involve:

• Motions for temporary relief
• Extensive financial disclosure
• Written discovery
• Depositions
• Subpoenas
• Appraisals
• Business valuations
• Expert witnesses
• Parenting evaluations
• Mediation
• Evidentiary hearings
• Trial

The length and expense of a contested case depend on the number and complexity of the disputed issues, the volume of discovery, the conduct of the parties, and the court’s schedule.

PRETRIAL PREPARATION

When a case does not settle, the parties must prepare for trial.

Pretrial preparation may include:

• Organizing exhibits
• Preparing witnesses
• Completing discovery
• Taking depositions
• Preparing financial schedules
• Reviewing proposed parenting plans
• Obtaining appraisals or valuations
• Preparing expert opinions
• Filing required motions
• Preparing legal memoranda
• Submitting pretrial statements
• Identifying disputed and undisputed issues

Trial preparation should begin well before the scheduled hearing. Evidence that is not properly preserved, disclosed, or presented may not be considered by the court.

THE FINAL DIVORCE TRIAL

At trial, each party has an opportunity to present testimony, documents, expert opinions, and legal arguments.

The judge may decide disputed matters involving:

• Equitable distribution
• Classification and valuation of property
• Allocation of debts
• Alimony
• Parental responsibility
• Parenting plans
• Time-sharing
• Child support
• Attorney’s fees
• Other requested relief

The judge then enters a final judgment setting forth the court’s rulings and formally dissolving the marriage.

A trial places the final decision in the hands of the court. The result may differ from either party’s preferred outcome.

THE FINAL JUDGMENT OF DISSOLUTION

The final judgment formally ends the marriage and states the parties’ continuing rights and responsibilities.

Depending on the case, the judgment may:

• Approve a marital settlement agreement
• Distribute assets and liabilities
• Award or deny alimony
• Establish parental responsibility
• Approve or establish a parenting plan
• Determine time-sharing
• Set child support
• Address health insurance
• Require the transfer or sale of property
• Divide retirement accounts
• Resolve attorney’s fees
• Restore a former name
• Provide deadlines for required actions

Both parties should read the final judgment carefully and comply with all deadlines and obligations.

AFTER THE DIVORCE IS FINAL

Some responsibilities continue after the final judgment is entered.

Post-divorce actions may include:

• Transferring deeds or vehicle titles
• Refinancing property
• Selling the marital home
• Dividing retirement accounts
• Closing or transferring financial accounts
• Updating insurance
• Changing beneficiary designations when permitted
• Complying with support obligations
• Following the parenting plan
• Exchanging required financial information
• Addressing tax-filing responsibilities
• Updating estate-planning documents

A party should maintain records showing compliance with payments, transfers, parenting obligations, and other requirements of the judgment.

MODIFICATION OF A FINAL JUDGMENT

Certain provisions of a divorce judgment may be modified when the applicable legal requirements are met. Other provisions, particularly completed property distributions, are generally not modifiable in the same manner.

Modification may be requested concerning:

• Child support
• Time-sharing
• Parenting plans
• Alimony when legally modifiable
• Health-insurance responsibilities
• Other ongoing obligations

A change in circumstances does not automatically change an existing order. Until the court modifies the order, the existing terms generally remain enforceable.

ENFORCEMENT OF DIVORCE ORDERS

When a former spouse does not comply with a final judgment or settlement agreement, the other party may seek enforcement.

Enforcement proceedings may concern:

• Unpaid child support
• Unpaid alimony
• Failure to transfer property
• Failure to refinance
• Failure to sell property
• Failure to divide retirement benefits
• Denial of time-sharing
• Violation of the parenting plan
• Failure to maintain insurance
• Failure to pay assigned debts
• Other violations of the final judgment

The available remedy depends on the type of obligation, the language of the order, and the facts surrounding the noncompliance.

APPEALING A DIVORCE JUDGMENT

An appeal is not a second trial. Appellate review generally concerns whether the trial court committed a reversible legal error based on the existing record.

Appellate deadlines are strict and may begin when the written order or final judgment is rendered. A party considering an appeal should obtain legal advice promptly.

An appeal does not automatically suspend all requirements of the final judgment.

DIVORCE INVOLVING DOMESTIC VIOLENCE OR SAFETY CONCERNS

Safety concerns may affect housing, communication, parenting arrangements, exchanges, and court procedures.

A spouse facing immediate danger should contact law enforcement or emergency services. Appropriate legal proceedings may include a petition for an injunction, temporary parenting restrictions, supervised exchanges, or other available relief.

A person should not rely on a website or routine office communication when emergency protection is needed.

A CAREFUL APPROACH TO THE DIVORCE PROCESS

Every dissolution of marriage presents a different combination of legal, financial, parenting, and personal concerns.

Our attorneys help clients:

• Understand the stages of the case
• Identify immediate priorities
• Preserve important records
• Complete financial disclosure
• Evaluating marital and nonmarital property
• Development of Parenting Proposals
• Analyze support issues
• Prepare for mediation
• Review settlement terms
• Prepare for hearings or trial
• Understand the final judgment
• Address enforcement or modification when necessary

We provide a candid assessment based on the facts, available evidence, governing law, and the uncertainties inherent in family-law proceedings.

SPEAK WITH A TAMPA DIVORCE ATTORNEY

Obtaining legal advice early in the dissolution process may help preserve evidence, protect financial interests, identify important deadlines, and avoid agreements or decisions that have unintended long-term consequences.

To discuss filing for divorce, responding to a petition for dissolution, dividing property and debts, alimony, parenting plans, time-sharing, child support, mediation, or another issue arising during the Florida divorce process, contact The Solomon Law Group, P.A.

CALL OUR OFFICE AT (813) 225-1818

The information provided on this website is for general informational purposes and is not legal advice. Contacting The Solomon Law Group does not create an attorney-client relationship. Please do not send confidential or time-sensitive information until the firm has confirmed that it will represent you. Representation is undertaken only through a written agreement. The outcome of every legal matter depends on its particular facts and applicable law, and no result is guaranteed.