Florida Divorce: Frequently Asked Questions
The divorce process is a time of questions and uncertainty. At the Law Offices of Tinley M. Rudd, Esq., we are here to answer your questions and offer guidance and compassionate advocacy during this difficult time.
How long does a divorce usually take in Florida?
This will depend on whether the divorce is uncontested or contested. With an uncontested divorce, both spouses agree on all divorce issues, including matters of child custody / parenting time, child support, alimony and the division of property and debts. An uncontested divorce also means that the parties can cooperate to finalize the divorce as soon as possible. Usually, an uncontested divorce can be finalized in four to five weeks.
In a contested divorce, the spouses disagree on at least one matter (child custody, property division, alimony, etc.) and the court must make a decision regarding the disputed issue. In all contested divorces, the time it takes to finalize the divorce will depend on the specific circumstances of the parties involved. Resolution of a particular dispute could take a number of months or longer. Our goal is to resolve the matter as expeditiously as possible. Most divorces do not go to trial, and the spouses resolve their disputes outside of court with the help of their attorneys.
What is Florida’s residency requirement for divorce?
Either you or your spouse must have lived in Florida for the six months immediately before the filing of the divorce petition. If you are a military member currently stationed outside of Florida, that will not affect your residency. If you are otherwise temporarily living outside of Florida, whether or not you are still considered a Florida resident will be decided by a judge.
What if I need temporary child support or alimony while my divorce is pending?
Almost immediately after the divorce petition is filed, you can ask the court for an order of temporary child support, spousal support or time-sharing with a minor child. Under extraordinary circumstances, you can ask for some of the marital assets to be distributed while the divorce is pending. However, before seeking any of these types of relief, you should speak with an experienced divorce attorney.
Am I required to prove that my spouse is at fault for the breakdown of the marriage?
No. In Florida, you only need to state that the marriage is “irretrievably broken.” You do not need to prove that the other party was at fault. However, fault can be a factor. An example is when a judge decides to consider fault when determining the amount of alimony. The spouse seeking alimony may have it denied or reduced if the judge decides that spouse was at fault for the divorce.
Contact The Law Offices of Tinley M. Rudd, Esq.
Our founding Attorney Tinley M. Rudd has more than 20 years of experience in matters of divorce and family law. To make an appointment, please call us at 941-870-3977 or complete our contact form. We advise and represent clients throughout Sarasota and the surrounding areas.