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I just moved to Florida, can I file for divorce here?

  • Florida law requires that one of the parties be a resident of Florida for at least 6 months preceding the filing of the petition for dissolution of marriage.



How do I get a divorce?

  • By filing a petition for dissolution of marriage. In most cases the petition will allege the marriage between the parties is irretrievably broken.



What is a legal separation?

  • Florida does not have a legal separation. However, you may separate without getting divorce and enter into a Separate Maintenance Agreement.



How long does a dissolution normally take?

  • Typically 3-6 months.



What about custody of the children?

  • The law provides that no preference be given to the mother or father regarding custody. The Court will look to what is in the best interest of the child.



What about shared parental responsibility and primary residence?

  • For purposes of shared parental responsibility and primary residence, the best interest of the child shall include an evaluation of all factors affecting the welfare and interest of the child, including but not limited to:

  • 61.13(3) Shared Parental Responsibility & Primary Residence

  • Parent who is more likely to allow the child frequent and continuing contact with the non residential parent

  • Love, affection and other emotional ties existing between the parents and the child

  • The capacity and disposition of the parents to provide the child with food, clothing, medical care

  • Length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity

  • Permanence as a family until of the existing/proposed custodial home

  • Moral fitness of the parents

  • Mental and physical health of parents

  • Home, school and community record of the child

  • Reasonable preference of the child

  • Willingness and ability of each parent to facilitate and encourage a close and continuing parent child relationship between the child and the other parent

  • Evidence that any party has knowing provided false information to the court regarding domestic violence

  • Evidence of domestic violence or child abuse



Can I get alimony/child support before the final judgment?

  • Yes, temporary alimony and child support may be awarded.



What does it cost?

  • Link to clerk’s web site



Can I date?

  • Once you have separated from your spouse you may date. However, you may want to consider what is in the best interest of your children.


How can I be sure mediation will produce a fair result?

Mediation does not guarantee a final solution; it is another method to make that attempt if both parties agree.


If I choose mediation, will I still need a lawyer?

A lawyer is not necessary but most mediators recommend that you check with your own attorney if you have any questions that cannot be answered by a mediator. This is especially important if your case involves substantial property or legal rights, however, you may want to consult with a lawyer before the mediation to discuss the legal consequences of possible settlement terms. You may also want to make a lawyer's approval a condition of any agreement you reach during the mediation.


Benefits of Mediation

Using mediation to negotiate a divorce agreement is almost always going to take less time, cost less, and result in a more solid agreement than using a lawyer to take the same case through the courts. This is very true when the two parties can agree on the settlement. For some couples, however, negotiating directly with each other, even with the help of a mediator, is not possible -- either because of problems or because a spouse is unwilling to mediate. Even if you decide to mediate, you may want to hire a lawyer in a limited capacity to consult with you outside of the mediation. Many mediating spouses find it helpful to work with a consulting lawyer who can offer legal advice and review the settlement agreement before it is signed.