Divorce Lawyer in Sarasota

Understanding the Divorce Process: A Step-by-Step Guide

Understanding what to expect can make the process significantly less daunting. Here’s how a typical Florida divorce unfolds when you work with our firm:

1. Initial Consultation: We discuss your situation, review your options, and help you understand what the process will look like for your specific circumstances.
2. Filing for Divorce: We handle the necessary paperwork and ensure everything is filed correctly with the court.
3. Discovery Phase: Both parties exchange relevant financial and personal information to establish a clear picture of the marital estate and any contested issues.
4. Mediation: Where applicable, we facilitate mediation sessions to help you and your spouse reach agreements outside of court. Sara Boeller’s certification as a Florida Supreme Court Certified Family Mediator means this step is led by an attorney who has met the state’s specific training and certification requirements.
5. Negotiation: We advocate for your interests at the negotiating table, working to reach a fair resolution without unnecessary conflict.
6. Finalizing the Divorce: Once an agreement is in place, we handle the final paperwork to officially dissolve the marriage.

If you have questions at any stage, our team is available to provide clarity and keep you informed.

Is Florida a No-Fault Divorce State?

Florida is a pure no-fault divorce state. Courts don’t base dissolution decisions on either spouse’s misconduct. Under Section 61.052(1) of the Florida Statutes, a couple may file for divorce on one of two grounds:

• An irretrievably broken marriage – A spouse simply needs to state that the marriage cannot be repaired. This is by far the more common basis for divorce in Florida.
• Mental incapacity – If a spouse has been adjudged mentally incapacitated for at least three preceding years, the other spouse may use this as grounds for dissolution.

Does adultery affect the divorce? Adultery isn’t a ground for divorce in Florida, but it can influence a judge’s decisions on certain issues:

• Child custody – If the adultery adversely affected the child, a judge may limit custody or visitation to protect the child’s best interests.
• Property division – If marital assets were spent in furtherance of the affair, a court may view that as wasteful dissipation and adjust the distribution accordingly.
• Alimony – A judge may consider whether the affair harmed the other spouse’s financial position.

Separation Requirements for Divorce in Florida

Florida doesn’t require a separation period before filing for divorce. As long as at least one spouse has been a Florida resident for a minimum of six months, you can file a petition for dissolution of marriage.

Can You Get Divorced in Florida Without Going to Court?

When spouses agree on the major issues, there are two paths that avoid a contested hearing:

• In a standard uncontested dissolution of marriage, only one spouse is required to appear at the final hearing.
• In a simplified dissolution procedure, both spouses attend the final hearing, but the process is shorter and far less involved than contested litigation.

Couples who can reach agreement often find that collaborative divorce or mediation provides an efficient path. This can save both time and expense while keeping decision-making in the hands of the spouses rather than the court.