Tampa Bay Divorce Lawyers
Choosing to part from your spouse is a difficult decision and one that is made no easier by the complex process of divorce. At the law office of Busciglio, Sheridan & Schoeb, our Tampa divorce attorneys understand what you’re going through and can provide legal support and guidance throughout the process.
Whether you’re getting ready to file for a divorce or have already had a petition for divorce served to you, our lawyers are ready to start working on your case. Call our law firm directly today to get started.
Grounds for Divorce in Florida
If you’re thinking about filing for divorce in Florida, it’s important that you understand the residency requirements for a divorce as well as the grounds—or legal requirements—that must be satisfied to get divorced in our state.
Florida allows for the dissolution of marriage under two circumstances, as found in Florida Statutes Section 61.052:
- The marriage is irretrievably broken
- Mental incapacity of one of the parties
The vast majority of divorces are filed based on the first—the irretrievable breakdown of the marriage. This type of divorce is known as a no-fault divorce; neither party needs to prove the fault of the other in order to seek a divorce.
In addition to filing for a divorce based on one of the two legal grounds listed above, you must also meet residency requirements for filing for divorce. At least one of the parties to the marriage must have lived in the state for at least six months prior to filing for divorce in order for the divorce to be granted.
Resolving Tough Issues in a Florida Divorce
Before a divorce can be finalized—even a no-fault divorce—various issues must be resolved between the parties. Parties may agree on the following issues from the beginning, known as an uncontested divorce. If the following issues are not agreed upon, then the divorce is contested, and parties will need to work together through negotiation, mediation, and sometimes litigation to reach a divorce settlement.
- Child custody. Child custody is one of the most emotional and complex issues in a divorce case. It’s not uncommon for both parents to want full custody of their child(ren), or for there to be tense disputes about how parenting time will be shared. The court presumes that it is in the best interests of the child in most cases to maintain a relationship with both parents and will issue a custody decision based on this and other factors if parents cannot work together to form a parenting plan.
- Division of property. Dividing property in a divorce can be complicated, especially when the couple has been together for many years and assets are co-mingled. The law in Florida requires equitable distribution of all marital assets—that is, assets that have been acquired during the course of the marriage. Separate property is not subject to division.
- Alimony. If one party is financially dependent on the other, the court may issue an order for alimony, also known as spousal support. There are multiple types of alimony in Florida, including bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony.
- Child support. Finally, in most cases of a divorce involving children, child support will be ordered. The state believes that all parents have an obligation to support their children financially. As such, the non-custodial parent will be ordered to pay child support to the primary custodian of the child.
How to File for a Divorce
The first steps for filing for a divorce in Florida include ensuring that you meet the residency requirements and satisfy the grounds for divorce in our state. Next, you will need to prepare your divorce paperwork, including a petition and summons, and file your forms with the circuit court’s office. At the time that you file your paperwork, you’ll need to pay a filing fee.
The next step is essential: serving your spouse. In many cases, a person filing for a divorce will use a process server to serve their spouse. If you do not serve your spouse with divorce papers, the divorce cannot proceed. If you cannot locate your spouse in order to serve them, there are alternate methods that can be used, including divorce by publication.
Once your spouse receives your petition for divorce, they will have 20 days to file a response. If your spouse agrees with the petition and the provisions of the divorce, the divorce is uncontested; if they disagree, the divorce is contested.
At this point in the divorce case, there will be a number of disclosures that are required. Both parties will need to complete the Family Law Financial Affidavit and provide supporting financial documentation, including proof of income, assets, and debts; tax returns; and bank statements.
Through mediation, parties will work together to reach a divorce settlement. If a settlement cannot be reached, the case will proceed to litigation. It is usually advantageous to try to reach a settlement out of court. Litigation is expensive, emotional, and very time-intensive. While parties do have control over the outcome of mediation, it can be difficult to predict what a judge will decide in a court battle.
The Role of a Florida Divorce Attorney
When you hire a Florida divorce attorney, your attorney will be responsible for representing your best interests throughout your case from start to finish, beginning with helping you to file or respond to a petition for divorce. From there, your attorney will make sure you understand the law and your rights, gather evidence to support your case, represent you during negotiations, and advise you on settlement options. Should your case go to court, your attorney will be responsible for preparing your case for trial and litigating your case.
Call Busciglio, Sheridan & Schoeb Today
Our Tampa divorce attorneys understand what you’re going through when you’ve made the decision to dissolve your marriage. For the aggressive and dedicated legal representation you can trust throughout the process, call our team today. You can schedule your first appointment by sending us a message, visiting our law office in person, or calling (813) 225-2695.
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