Frequently Asked Questions About Filing for Divorce in Florida
Many high net-worth individuals find themselves in a position where they are either seeking a divorce or responding to a spouse who has made such a demand. Even if you are a financially savvy person who understands the complexities and nuances of business or real estate, you however may be in the dark when it comes to the basic laws governing divorce proceedings and how businesses and real estate are valued in a divorce. In this post we will address some of the more basic questions we get about filing for divorce here in Florida.
Is There a Residency Requirement to File for Divorce in Florida?
Yes. In order for a Florida court to exercise jurisdiction over a divorce case, at least one of the parties must reside in the state for 6 months prior to the filing of the case. It does not matter which party files. For example, if you live in New York and your spouse lives in Florida, you can file for divorce here, provided your spouse has been a resident for at least 6 months. Keep in mind, you will need to prove residence when you appear in court. For example, if you are a Florida resident, you would need to show the court a driver’s license issued in this state or have a witness sign an affidavit corroborating your six-month residency.
Do I Have to Accuse My Spouse of Wrongdoing to Seek a Divorce?
No. Florida is a no-fault divorce state. In fact, unlike many states, Florida no longer recognizes divorce claims based on fault, such as adultery. There are now only two grounds for divorce in Florida: (1) the marriage is irretrievably broken; or (2) one of the parties has been mentally incapacitated for at least three years.
Will Florida Courts Enforce My Prenuptial Agreement?
Florida law recognizes premarital agreements. Such agreements must meet certain legal requirements. For example, the agreement must be in writing and signed by both parties. Any subsequent amendment or revocation must also be in writing and signed. There are also multiple grounds for challenging the enforcement of a premarital agreement in Florida. For example, a party could argue they did not execute the agreement voluntarily or that it was the product of fraud by the other party.
How Long Does a Florida Divorce Take?
Obviously, there is no one-size-fits-all answer to this question. In a scenario where both parties reach an agreement on key issues (i.e., division of property, alimony, and child custody) it may be possible to get a final divorce from the court within several months.
Contact a Miami Divorce & Dissolution of Marriage Lawyer
The more complex your marital and financial situation, the more you will benefit from the services of a Miami divorce and dissolution of marriage lawyer. Contact Hamilton O’Neill today to schedule a consultation with a member of our family law practice.