Whether you had a feeling for a while that your marriage was ending or something happened that triggered your desire to file for divorce, this is a complicated process. Not only is filing for divorce a complex emotional time for many, but it also poses legal issues you may not have considered. As such, it’s important to familiarize yourself with the steps involved in the divorce process so you understand what to expect. Additionally, you’ll want to understand the importance of working with Tampa divorce lawyers who can help your divorce go as smoothly as possible. Keep reading to learn more.
Are There Any Requirements to Get Divorced in Florida?
Typically in Flordia, to get a divorce, you must first meet the residence requirement. This is in place to ensure you or your spouse are a full-time resident of Florida to use their laws for your separation. As such, you or your spouse must live in Florida for six months before you can file for divorce. This is so the courts can have legal jurisdiction over your case. In order to prove residency, you can show that you have a valid driver’s license or voter registration card. Additionally, if you have obtained permanent employment or purchased a home in the state, it can help show that you have taken steps to make the state your home.
It’s important to understand that the courts will not waive this requirement. If you do not meet the requirements, you may choose to file in the state where you do meet the requirements.
What Is The First Step I Must Take in the Divorce Process?
If you meet the residency requirements in Florida and want to file for divorce, the first step in the process is to file a petition through the courts. This informs the court that you want to dissolve your marriage. However, depending on the circumstances of your marriage, there may be one of two petitions you can file.
The first option is to file a regular petition. This will cover matters regarding property division and child custody. However, if you have no shared assets or children, you may be able to file a simplified petition.
In the divorce petition, you’ll include the grounds on which you are filing (most commonly irreconcilable differences), and include the terms and conditions you are requesting. For example, you can ask for a certain amount of alimony, child custody splits, or a certain way of dividing property. Once complete, you must serve your spouse copies of these papers. This will inform them of your decision and provide instructions on when they must respond by.
After you submit your petition, your spouse will answer. If they agree to the terms, this is an uncontested divorce and will be over rather quickly. However, if they do not agree with all of the conditions, this is a contested divorce and will require negotiation and potentially litigation to resolve.
It’s important to understand that though it is not legally required for you to hire an attorney during this process, it is in your best interest to do so. Unfortunately, if you aren’t familiar with your rights during this process, you may make errors that will impact you for years. Instead, letting the team at Tampa Law Group help guide you through these matters is critical. Connect with us today to learn how our firm can represent you to help you fight for the best possible outcome.
