January is 'Divorce Month': An Overview of the Process in Florida

By: Jarbath Peña Law Group

The start of a new year often brings resolutions, fresh starts, and a desire for change. For many couples, this period of reflection leads to a significant life decision: filing for divorce. This trend is so common that January has earned the nickname "Divorce Month." The spike in divorce filings is often attributed to couples waiting until after the holidays to separate, wanting to give their children one last shared family experience or avoiding the stress of a breakup during a festive season.

If you find yourself considering divorce in Florida, you are not alone. Understanding the process can help demystify the steps ahead and empower you to make informed decisions. This guide provides a clear overview of the divorce process in the Sunshine State, from initial filing to final resolution.

Understanding the Basics: Divorce in Florida

Florida is a "no-fault" divorce state. This means you do not have to prove that your spouse did something wrong, like adultery or abandonment, to get a divorce. Instead, one of the spouses simply needs to state that the marriage is "irretrievably broken," meaning there is no chance of reconciliation.

To file for divorce in Florida, you must also meet the residency requirement. At least one of the spouses must have lived in the state for a minimum of six months before filing the petition for dissolution of marriage.

Think of the divorce process like a formal roadmap for separating one shared life into two. It addresses key areas like dividing assets, determining parental responsibilities, and establishing financial support. The journey can vary depending on whether your divorce is uncontested or contested.

The Two Paths: Uncontested vs. Contested Divorce

1. Uncontested Dissolution of Marriage

An uncontested divorce, is the most straightforward path. It is available to couples who agree on all aspects of their separation. To qualify for this streamlined process, you must meet specific criteria:

• You and your spouse agree the marriage cannot be saved.

• You have no minor or dependent children together, and the wife is not pregnant.

• You have already agreed on how to divide your assets and debts.

• Neither party is seeking alimony (spousal support).

• Both parties agree to waive their right to a trial.

The process involves filing a petition for dissolution along with the agreement, and attending a final hearing, which is often brief. Because everything is pre-agreed, this path is faster, less expensive, and less emotionally draining than a contested divorce.

2. The Regular Dissolution of Marriage (Contested)

A contested divorce occurs when spouses cannot agree on one or more key issues. These disagreements often revolve around:

• Division of Assets and Debts: How to split property, investments, and liabilities acquired during the marriage.

• Parental Responsibility and Timesharing: Creating a parenting plan that outlines decision-making authority and a schedule for when the children will be with each parent.

• Child Support: Calculating the financial support one parent will pay to the other for the children's care.

• Alimony: Determining if one spouse needs financial support from the other after the divorce.

A contested divorce follows a more structured legal process. It doesn't necessarily mean you'll end up in a courtroom battle, but it does mean you'll need to navigate a few more steps to reach a resolution. While some parties may agree to get divorced, if they do not agree on one or more aspects of the divorce, then it falls into the contested category. This can take months if not years to resolve.

Key Steps in the Florida Divorce Process

Whether contested or uncontested, the divorce process generally follows these stages.

Step 1: Filing the Petition

The process begins when one spouse, the "Petitioner," files a Petition for Dissolution of Marriage with the circuit court in the appropriate county. This document outlines what the Petitioner is requesting from the court regarding asset division, alimony, and parental responsibilities.

Step 2: Serving the Papers

After filing, the other spouse, known as the "Respondent," must be formally notified. This is called "service of process." The Respondent is officially served with the divorce papers by a sheriff's deputy or a private process server. This step ensures that both parties are aware of the legal action. The Respondent then has 20 days to file a formal answer with the court.

Step 3: Financial Disclosure

Florida law requires both parties to provide complete financial transparency. You must exchange detailed financial affidavits and supporting documents, such as bank statements, tax returns, and pay stubs. Think of this like laying all your financial cards on the table. It is a critical step that forms the foundation for negotiating the division of assets, child support, and alimony. This should be done in 45 days of service.

Step 4: Mediation and Negotiation

Before a case can go to trial, most Florida courts require couples to attend mediation. Mediation is a confidential process where a neutral third-party mediator helps you and your spouse negotiate a settlement. It is an opportunity to resolve disagreements outside of court, saving time, money, and stress. Many contested cases are successfully settled during this stage. It is critical that all of the financial discovery is already received and reviewed so each party can make a educated and knowledgeable agreement.

Step 5: The Marital Settlement Agreement and Parenting Plan

If you reach an agreement, your attorneys will draft two crucial documents:

• Marital Settlement Agreement (MSA): This legal contract details how you will divide your property, assets, debts, retirement, and it outlines any alimony arrangements. Additionally, child support will be addressed here if the parties have agreed on the parenting plan.

• Parenting Plan: If you have children, this document specifies timesharing schedules, holiday arrangements, and how you will make major decisions about your children's health, education, and welfare. Most parties think of this as the custody agreement. Sometimes child support is outlined in the parenting plan, if it was not addressed in the marital settlement agreement.

Once signed, these documents are submitted to the court for approval.

Step 6: Final Hearing and Judgment

The process concludes with a final hearing. If your case is uncontested, this hearing may only last a few minutes. If its particularly busy, then it might be an hour to two hour max. The judge reviews your agreements, ensures they are fair, and signs the Final Judgment of Dissolution of Marriage. At that moment, you are legally divorced.

If your case remains contested, you will proceed to trial. A judge will hear evidence from both sides and make the final decisions on all unresolved issues. There are times that the matter will be referred to a General Magistrate, which will do the same thing that the Judge will do, but both parties would need to consent. Alternatively, if it the only issue is child support, it may be referred to a Hearing Office, which would not need the consent of the parties.

Helpful Tips for Navigating Divorce Month

If you are contemplating divorce this January, here are a few tips to help you prepare:

• Gather Your Documents: Start collecting important financial records, including tax returns, bank statements, property deeds, and loan information.

• Understand Your Finances: Create a budget to understand your current income and expenses. This will be invaluable for future planning.

• Prioritize Your Children: If you have children, always keep their best interests at the forefront. Avoid discussing the legal details with them or speaking negatively about your spouse in their presence.

• Consult with an Attorney: Legal guidance you can trust is essential. An experienced family law attorney can explain your rights, outline your options, and help you create a strategy that protects your interests.

Making the decision to divorce is never easy, but understanding the road ahead can provide clarity and reduce anxiety. With the right support and a clear understanding of the process, you can navigate this transition and move toward your new beginning with confidence.

How Jarbath Peña Law Group Can Help

If you’re unsure where to start or worried about next steps, know that you don’t have to navigate this process alone. At Jarbath Peña Law Group, we guide you through every stage of divorce with compassion, expertise, and clear communication.

• Personalized Legal Guidance: We take the time to understand your unique circumstances and help you make informed choices that protect your interests.

• Comprehensive Support: Our team is experienced in both uncontested and contested divorces, handling everything from asset division and parenting plans to mediation and trial preparation.

• Bilingual Support: We offer services in English, Spanish, or Haitian Creole, so you always feel comfortable and understood.

• Local Knowledge: As a South Florida firm, we understand the needs and concerns of families in our community.

Ready to move forward? Contact Jarbath Peña Law Group today at (305) 615-1005 to schedule a confidential consultation. We’re here to help you gain clarity, find solutions, and begin a positive new chapter—one step at a time.