What to Expect During a Florida Divorce: A Compassionate Guide for Uncertain Times

Deciding to divorce, whether the decision was mutual or not, is one of the most life-altering experiences a person can go through. It marks the end of one chapter and the beginning of an entirely new one, often accompanied by uncertainty, fear, and emotional strain.

In Florida, the divorce process follows a specific legal path, but no two journeys are alike. The decisions made along the way will impact not only your finances but your family, your peace of mind, and your future.

If you’re facing divorce in Florida and feeling overwhelmed, know that you’re not alone—and that there is a process designed to guide you through. With the right information, support, and legal advocacy, you can approach this time with greater clarity and strength.

Starting the Divorce Process in Florida

Florida is a no-fault divorce state, which means that neither spouse has to prove wrongdoing, such as adultery or abandonment, to file for divorce. Instead, it is enough to state that the marriage is “irretrievably broken.” Either spouse may file a Petition for Dissolution of Marriage in the circuit court of the county where one of the spouses resides.

To file for divorce in Florida, at least one spouse must have lived in the state for six months prior to filing. Once the petition is filed and served on the other party, that spouse has 20 days to file an answer with the court. From there, the process can take many forms depending on whether the divorce is contested or uncontested.

Contested vs. Uncontested Divorce

If both spouses agree on all major issues—property division, alimony, parental responsibility, and child support—the divorce is considered uncontested. This type of divorce is usually quicker, more cost-effective, and less emotionally draining. In many cases, the spouses work together (sometimes with the help of a mediator or collaborative divorce attorney) to draft a Marital Settlement Agreement, which is then submitted to the court for approval.

A contested divorce, on the other hand, arises when spouses cannot agree on one or more issues. These cases can be more complex and require additional steps, including financial disclosures, mediation, hearings, and possibly trial. While contested divorces can take longer, they may be necessary when significant disagreements or imbalances of power exist.

Mandatory Disclosures and Financial Transparency

Florida law requires both spouses to provide mandatory financial disclosures early in the process. This means exchanging information about income, assets, debts, tax returns, bank accounts, credit card statements, and other financial records. These disclosures are critical to ensuring a fair and equitable division of property and are often a source of stress for spouses who were not involved in managing the household finances.

It’s normal to feel anxious during this phase, especially if you suspect your spouse may be hiding assets or underreporting income. If that’s the case, your attorney may bring in a forensic accountant or request additional documentation through the discovery process. The court takes financial transparency seriously, and failure to comply can lead to penalties or unfavorable rulings.

Parenting Plans and Child-Related Decisions

For parents, nothing is more important than protecting their children’s well-being during a divorce. Florida courts are guided by the best interests of the child, not the preferences of either parent. That means every divorce involving minor children must include a detailed parenting plan.

This plan outlines how parental responsibilities will be shared, where the child will live, how holidays will be divided, and how decisions about education, health care, and religion will be made. Florida no longer uses the term “custody,” focusing instead on timesharing and parental responsibility to promote co-parenting and ongoing involvement by both parents, when appropriate.

If parents can agree on a parenting plan, the court will generally approve it. If not, the judge may appoint a Guardian ad Litem to investigate the family dynamic and make recommendations, or order mediation to help parents reach common ground.

Alimony and Property Division

Florida courts divide marital property based on the principle of equitable distribution, which means the division must be fair but not necessarily 50/50. Marital assets include income, property, and debts acquired during the marriage, regardless of whose name is on the title. Non-marital property, such as inheritances or assets owned before the marriage, may be excluded if not commingled.

Alimony (spousal support) is another issue that may arise, depending on the length of the marriage, the earning capacities of each spouse, and the standard of living established during the marriage. Florida courts can award different types of alimony, including bridge-the-gap, rehabilitative, durational, or permanent alimony, based on the unique circumstances of the case.

Mediation and Trial

Before proceeding to trial, most Florida divorce cases must go through mediation, a confidential process where both parties meet with a neutral third party to try to resolve disputes. Many couples are able to reach full or partial agreements through mediation, which can save time, money, and emotional hardship.

If mediation fails and the case goes to trial, a judge will make the final decisions on unresolved matters. This is often a last resort, as it removes control from the spouses and places important decisions in the hands of the court. However, trial may be necessary when there are issues of abuse, dishonesty, or severe disagreement.

Emotional Considerations and Moving Forward

Divorce is not only a legal process—it’s a deeply emotional one. You may cycle through sadness, anger, confusion, relief, and fear, sometimes all in the same week. These feelings are valid. Give yourself space to grieve, but also allow room for hope. With the right support system—whether through therapy, trusted friends, or a skilled legal team—you can emerge from divorce stronger and more empowered.

Contact Taryn G. Sinatra, P.A.

At Taryn G. Sinatra, P.A., we understand that divorce is not just a legal event, but a life transition. Our Boynton Beach divorce law firm is committed to guiding you with compassion and clarity through each step of the divorce process.

Whether you’re at the beginning of your journey or facing difficult decisions along the way, we are here to protect your interests and support your future. Contact us today to schedule a consultation and take the first step with confidence and care.

Source:

floridabar.org/public/consumer/pamphlet010