Florida Divorce FAQs
There may be no other event in your life that creates more uncertainty than divorce. It is a very emotional time for everyone involved, and the fear of the unknown often only intensifies the emotional turmoil. People who are considering divorce have many of the same questions as they work through the process of weighing their options and trying to find the best solution to their situation.
At the law firm of The Holman Law Firm, we represent clients in all aspects of divorce. Our Florida divorce FAQs offer general answers to common questions about how the divorce process works and how an experienced Pensacola lawyer can help you. These questions and answers are not intended to address every issue related to divorce.
For information about the unique circumstances involved in your case, contact our office to speak with an attorney.
Q: Do I have to go to trial to get a divorce?
Not necessarily. When spouses are able to reach agreement on all of the key issues involved in a divorce such as custody, support, and an equitable division of property, it is referred to as an uncontested divorce. These cases do require discovery, but do not require litigation. Even when disputes arise, mediation and other alternative approaches can help couples resolve them without going to court.
Q: What are the grounds for divorce in Florida?
Florida law does not require any actual grounds for divorce. Where other states may require spouses to prove grounds for divorce, such as violence or adultery, Florida law only requires one spouse’s testimony that the marriage is irretrievably broken and cannot be saved through counseling or other means.
Q: How long does it take to get a divorce in Florida?
An uncontested divorce can take as little as 90 days. A contested divorce, depending on the scope of discovery and the number of issues that need to be resolved, can take more than a year.
Q: Do I have to hire an attorney to get a divorce?
A: While the law allows spouses to represent themselves in a divorce proceeding, they may benefit from legal representation. The law is very complex, and many people do not understand their rights in these matters. Once a marital settlement agreement is signed by the spouses and approved by the court, it becomes a binding order that is enforceable by contempt.
In short, people who are not familiar with the law may give away their rights when they sign an agreement without knowing the full consequences of doing so. At the very least, you should have an attorney review your marital settlement agreement before it is submitted to the court.
Q: Have you been wrongly accused of domestic violence?
One party in a divorce may use allegations of domestic violence in an effort to have his or her spouse ordered out of the house. False allegations may also influence child custody decisions. If you are a hunter, you may lose the right to have a firearm in your possession which would preclude you from hunting. If you have been falsely accused of domestic violence, we will aggressively represent your interests.