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How Long Does it Take to Get Divorced in Florida?

Understanding FL Divorce Timelines

Every divorce, just like every family, is unique. While the details of your individual case will be different from those in any other case, there are certain deadlines and time frames that must be met. Further, certain steps must be taken in order to reach the end result of a final decree.

What is the Process of Divorce in Ocala, FL?

To better prepare you for your own experience, here is a brief outline of the divorce process

1. Filing the Petition

The first step in getting a divorce in Florida is to file your petition for dissolution of marriage with the family law court. Either you or your spouse may file the petition. There is no advantage or disadvantage to filing first. In the petition, the filing party will set out his or her terms for the divorce, including for child custody and visitation, alimony, and equitable distribution. To become eligible for filing, you or your spouse must meet the residency requirements designated by the state. Florida requires that either the petitioner or respondent have lived within state lines for the past 6 months.

To prove residency, you can:

  • Be physically present in Florida for 6 months
  • Prove the intention of residency during that period of time. To prove residency, you can give testimony, provide a lease agreement on an apartment or home, or obtain a Florida driver's license.

2. Response to Petition

After the petition has been filed and served, the other spouse has a period of 20 days in which to prepare and file a response. The response may either accept the terms which were proposed in the original petition, or it may be a challenge to the petition, with its own counter-claims. If the respondent does not file a response before the deadline, the petitioning spouse may request a default be entered, making it possible to win by a lack of involvement by the other party. Bear in mind, you cannot personally serve your spouse. This must be done by someone over 18 and doesn't have a personal agenda within the case. Many people have utilized the services of a local sheriff or licensed process server.

3. Temporary Hearings

It is possible to schedule a temporary hearing immediately after this 20-day period, at which either spouse may file a motion for temporary relief. The goal of pursuing such a motion is to obtain temporary orders or injunctions concerning the dissipation of finances, possession of the marital home, alimony payments and child custody and child support.

4. Additional Paperwork

Additional Paperwork — There are forms available on the Florida court website that allow you to fill out the following:

  • The Uniform Child Custody Jurisdiction & Enforcement Act Affidavit
  • A financial affidavit with a deadline of 45 days
  • A child support guidelines worksheet
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