Deciding to end your marriage is likely one of the most difficult choices you will ever make. The emotional weight can feel overwhelming, but understanding the practical steps of the process can make it less intimidating.
While divorce is complex everywhere, the process in Broward County has its own unique features. This guide breaks down the Florida divorce process step by step, from the initial filing to the final outcome.
First steps: Requirements and gathering information
Before you file any paperwork, you must meet two main requirements. First, at least one of you must have lived in Florida for six months. Also, Florida is a “no-fault” state, so you only need to show the court that your marriage is “irretrievably broken.”
A crucial step is to complete and submit a Family Law Financial Affidavit. This document requires you to provide a complete picture of your finances. The form you use, either the short or long version, depends on your annual income. Being accurate with this document helps you avoid delays and added costs later.
The filing process in Fort Lauderdale
When you are ready to file for divorce, you will submit a Petition for Dissolution of Marriage to the Broward County Clerk of Courts. The filing fee is typically around $400. There may be additional costs associated with obtaining a summons and having the papers served.
You can choose between a regular Dissolution of Marriage or a Simplified Dissolution of Marriage. The simplified path is an option if you and your spouse:
- Agree on everything and have a signed settlement agreement
- Have no children under 18
- Do not have any alimony issues
Filing spouses use the regular petition in all other cases, including those with children, assets or disagreements. After filing, you must legally serve the paperwork to your spouse, which is often done by a process server or the sheriff’s office to ensure proper legal notification.
Key issues in a Fort Lauderdale divorce
After filing, you will address the major issues in your case. A judge will ensure all decisions are fair and reasonable. Primary issues include:
- Dividing assets and debts: Florida uses equitable distribution, which means the court divides marital property and debt fairly, though not always equally. The court begins with a 50/50 split, but can adjust it based on factors like the length of your marriage.
- Child custody and support: If you have children, the court’s priority is their best interests. You will create a parenting plan outlining a time-sharing schedule and responsibilities. The state calculates child support using guidelines based on the parental income and the time each parent spends with the child.
- Alimony: The court can award spousal support, also known as alimony, based on one person’s demonstrated need and the other’s ability to pay. An attorney can help you determine if you are eligible.
If spouses cannot agree on any of these issues, judges often require mediation before the case goes to court.
Final judgment: Reaching a resolution
Most cases end with a Marital Settlement Agreement (MSA). This document is a contract that outlines all the agreed-upon terms, from how you will divide your property to who will have custody of the children and when.
A judge then reviews and approves the MSA at a final hearing. If you and your spouse cannot agree and mediation did not resolve points of contention, the judge will make a final ruling for you. The signing of the final judgment officially ends your marriage.
Why legal counsel is a wise investment
The steps of a Fort Lauderdale divorce are complex and have significant financial and personal consequences. Handling a divorce alone, especially one that’s contested, can be challenging.
A Fort Lauderdale attorney who understands the legal system can guide you through the process, protect your rights and work toward a fair outcome. Skilled guidance can save you time, money and stress in the long run.