A Guide To Divorce In Florida

In the State of Florida, a no fault state, a divorce can be as simple or as complicated as you make it. The only requirements to seeking a divorce in Florida is either party has to have resided in the state of Florida for at least six months and the marriage must be either irretrievably broken or one of the parties mentally incompetent.The State of Florida will grant you a divorce with just a signature as long as there are no contested issues. In most situations if the divorce is uncontested and all matters involving children, property and financial responsibility have been worked out between the parties and decided upon beforehand then only one party must show up at the hearing. Most uncontested hearings take no longer then 10 minutes. If any issues arise that become contested then the judge will want to hear both parties sides and have both present so that he or she may make a fair ruling or send the couple to mediation.

If a judge finds it necessary he may send both parties to either a marriage counselor or a mediator to help them work out their differences of opinion on their own. When there are children involved this sometimes makes it worse and tempers rise so the need for a neutral party is necessary. In order to teach parents to help their children through this stressful time it is now a requirement in the State of Florida, like most states, to attend a class to help them gain information on helping their child cope with the loss. There are also classes that if your child meets the state age requirement which in the State of Florida is 6, then they must attend a class also that is geared in teaching them coping skills. A judge can also order a Gaurdian Ad Litem to act as a voice for any children involved.A Gaurdian Ad Litem is someone who is qualified to act in the best interest of the child and report back to the judge any issues pertaining to the child's wishes or needs.

A contested divorce can cost more money in the long run and may require the need for a lawyer. It's best to try to work out an amicable agreement prior to getting the courts involved. You may also decide prior to your separation to come up with an agreement that will work for all parties and that way when the final divorce is settled you will already have a plan of action that everyone can live with. Just remember ultimately you are not in control once it is handed over to the judge. The judge has the authority to make any decisions allowed by law and that are in the best interest of the parties involved.