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Best Divorce Lawyers in Florida: Florida Divorce Attorney
Divorce in Florida, like divorce in most parts of the country, can be a contact sport. The outcome really depends on the two people, as well as the attorneys they both hire. This page provides you with information about divorce in Florida however this does not constitute legal advice.
Divorce in Florida: Frequently asked questions.
What are the grounds for divorce that can be used in Florida?
Usually just irreconcilable differences. But you can also allege mental incapacity if this is a situation that has continued for more than 3 years.
2. What are the residency requirements for divorce in Florida?
At least six months by either spouse.
3. How does the court decide who gets custody?
Floridian courts don’t use the term “custody” anymore to describe the parental relationship. They first of all have a joint custody presumption even though they ultimately decide based on what they deem to be the “best interest of the child.” But they don’t use the term “custody.” Instead they use terms like, “time sharing” and “shared parental responsibility.”
4. Will I have to split everything 50/50 automatically with my ex?
No. Florida is an equitable distribution state, not a community property state. The courts will decide what is equitable or fair. If it turns out that equity demands a 50/50 split, that is exactly what the court will do.
5. How long does the divorce process in Florida take?
It depends on whether it is contested or uncontested. Uncontested divorces can take 4-10 weeks depending on the circuit. Contested divorces take from 6 months to a year or longer, on average.
6. Is it necessary for me to go to court or can I do the divorce papers online?
If your case is uncontested, usually your attorney can file it electronically and you do not have to set foot into a courtroom. But if your divorce is contested and you do not agree on every detail with your spouse, it will be put on the docket and you will have to attend at least one hearing until the court is settled or goes to trial. In some circuits you may have to go to what’s called a “case management conference.”