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What are some facts about divorcing in Florida?

by | Sep 20, 2016 | divorce

If you get a divorce in Florida, there are a few things you should expect. For instance, there are several legal requirements for divorce in the state. If you don’t meet those requirements, you will not be able to file for a divorce until you do. If you ever have questions about your right to divorce or the steps of a divorce, your attorney can walk you through the process. In the meantime, here are a few common questions and situations you may run into.

Who can file for a divorce?

The first thing to realize is that you can’t file for a divorce unless you’ve lived in the state for at least six months as a resident. Your spouse, if he or she is a resident, may file for a divorce instead if you aren’t.

Do both parties have to agree to a divorce?

Despite some people’s beliefs that you must both agree to a divorce, you and your spouse don’t need to agree in order to file for or obtain a divorce. Even if your spouse doesn’t participate in the divorce case, you can obtain the divorce on your own.

Do you have to have an attorney?

Understand that you have the right to represent yourself in court, but this is uncommon because of the complexity of divorce cases. Child support, property division, child custody and other concerns may require negotiating and evidence-based claims that lawyers are trained to prepare for the court. If you and your spouse can agree to issues involved in your divorce before going to court, then you may only need an attorney for mediation or to prepare documents for you.

Source: FindLaw, “Florida Divorce: What to Expect,” accessed Sep. 20, 2016