In Florida, the terms “divorce” and “dissolution of marriage” are used interchangeably to describe the legal process of ending a marriage. However, Florida does not recognize legal separations, so couples who wish to live apart but remain legally married have limited options. In contrast, a legal annulment offers an entirely different route. While a divorce ends the marriage, an annulment declares the marriage void, as if it never happened. A divorce lawyer can help you understand the differences between divorce, dissolution, and annulment can help you determine the best legal path based on your circumstances.
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The Types of Divorce in Florida
There are several types of divorce or dissolution of marriage in Florida. Couples may pursue a:
Simplified Dissolution of Marriage
Couples may qualify for a simplified dissolution marriage, which is a form of uncontested divorce. The spouse cannot have any minor children together, nor can the wife be pregnant. They must agree on property division and dividing debt.
Neither spouse can seek alimony or support. The spouses are willing to give up their rights to a trial and appeal. They agree to appear at a final hearing. A simplified dissolution of marriage is the quickest, easiest, and least costly of the types of divorce in Florida.
Uncontested Divorce
If you do not qualify for a simplified dissolution of marriage, you and your spouse may pursue an uncontested divorce. In an uncontested divorce, the spouses agree on all divorce terms. One spouse must file the divorce petition and serve their spouse with the papers. Then, the spouses submit a joint proposal for a divorce settlement. If the court approves the divorce terms, it can enter a final divorce decree after the time passes for the responding spouse to file a response.
Contested Divorce
If spouses disagree with any of the divorce terms, the divorce is contested. Divorce issues that must be resolved include child custody, child support, property division, and alimony. The case is placed on the trial docket for a final hearing. The parties engage in discovery as they prepare for trial. They may also engage in settlement negotiations or mediation. The spouses can often reach a divorce settlement, but the case goes to trial if not.
Collaborative Divorce
Spouses may sign a collaborative participation agreement. In this case, they agree to work with each other in good faith to resolve all issues related to the divorce instead of going to court. They may engage neutral third parties to assist in the negotiations, including financial and mental health decisions. They can proceed to court if the parties do not reach a collaborative agreement. However, they must hire new divorce lawyers because their current divorce attorneys cannot represent them in court.
Alternatives to Legal Separation in Florida
Even though Florida does not recognize legal separation, several alternatives exist for parties who want to live separate and apart without going through the divorce process.
Some spouses may enter into a private separation agreement that provides details of the separation. The agreement may be legally binding and enforceable in court when executed correctly. The agreement can cover issues included in a divorce decree, but the court could change terms related to custody and child support if it determines the terms are not in the children’s best interests.
A couple may enter into a postnuptial agreement to resolve issues related to a legal separation. A postnuptial agreement can resolve issues including property division, alimony, retirement, inheritance, division of debts, and taxes. The couple can decide who possesses the marital home and other financial matters.
However, there must be some type of consideration for the postnuptial agreement to be valid. The consideration for a prenuptial agreement is getting married. A couple may decide to waive alimony or interest in specific assets as consideration for a postnuptial agreement.
Couples should consult legal counsel before signing marital agreements because the agreement can significantly impact a spouse’s rights. The agreements are enforceable in court if executed correctly, so you might be unable to avoid the consequences after the fact.
Contact a Florida Divorce Lawyer For Help
Issues related to divorce and dissolution of marriage are complicated. The best way to protect your interests is with the help of an experienced divorce attorney. Many offer a free consultation, so there’s nothing to lose in reaching out.
