Frequently Asked Questions About Divorce in Florida
If you are facing divorce or have another legal concern involving your family, you likely have many questions during this difficult time. Here, we address some common concerns people have when they come to our office. Weiner & Weiss, LLC is located in Boca Raton, and serves clients throughout Broward and Palm Beach County.
What is the divorce process in Florida?
Either spouse can start the divorce process by filing a petition for "dissolution of marriage" (the official term for divorce in Florida) with the circuit court where you last lived together as husband and wife or in the county where either party resides. Within 45 days of serving the petition on the other spouse, each party must provide certain financial documents and a completed financial affidavit to the court. Before any hearing on child support, you must complete a child support guidelines worksheet as well.
Once the parties have reached an agreement regarding post-divorce arrangements, the court may finalize the divorce by approving the parties' settlement. However, if the parties cannot agree on most issues, a trial may be necessary to finalize the divorce. For more information, please see our page describing the divorce process in Florida.
How long does the divorce process take?
Florida law only requires a judge to wait 20 days from the time a divorce petition is filed to grant a divorce, and even this waiting period may be waived. This means that the length of time it takes to get divorced in Florida depends largely on whether your divorce is contested or uncontested. An uncontested divorce can take as little as a few weeks, but if the court must decide any issues, such as custody, parenting time, child support or alimony, a divorce can take six months or longer. If county courts are extremely busy, this can also extend the time it takes to get a divorce.
How much does divorce cost?
In Florida, the filing fee for dissolution of marriage is currently $408.00, plus $10.00 to issue summons and any mediation fees. Apart from this divorce filing fee and attorney's fees, the cost of your divorce is highly dependent on the number of issues that need to be resolved to reach a court-approved divorce decree. If the divorce is highly contentious, with the parties battling over both major and minor issues, the divorce can cost a substantial amount of money. But if the parties can agree on most terms of the divorce, they can save significantly on attorney's fees and other costs.
Do I need a lawyer if I decide to get divorced?
While you can get divorced without hiring a lawyer, an experienced family law attorney can help you deal with the legal issues surrounding your divorce, and make sure that you do not miss any issues that need to be resolved during the divorce process. If you have been married for several years and have significant assets, hiring a knowledgeable divorce lawyer is especially important to comply with tax requirements and protect your interests.
Our lawyers in Boca Raton provide supportive representation to those facing divorce, and have handled many cases involving complex property division and custody issues. With experienced legal counsel on your side, you can be confident in the decisions you make for you and your family.
How can I learn more?
If you are facing divorce and live in southeast Florida, please contact Weiner & Weiss, LLC to schedule a consultation. We will answer any questions you have about the divorce process and explain how we can help in your situation.