Florida Divorce Types: Differences and Eligibility

The type of divorce you’re eligible for depends on your circumstances and whether your ex agrees with the stated divorce terms. Your divorce attorney in Cocoa Beach will help you file the correct type of divorce based on your unique situation. Below, we discuss the three primary types of divorce in Florida and their qualifications.

Contested

Contested divorces are the primary type of divorce filed in Florida and the US. 

Overview

If you and your spouse disagree about the divorce terms, such as spousal support payments, custody arrangements, and asset division, you must file for a contested divorce. Contested divorces are also filed when you have minor children at home.

Eligibility

To file for a contested divorce, you must:

• Have been a Florida resident for at least six months before filing.
• File the divorce petition in the county where you and your spouse last lived together.
• Disagree about any aspect of the divorce terms.

How to File for Contested Divorce

The first step to filing for divorce is to submit a Petition for the Dissolution of Marriage (or a petition for the Dissolution of Marriage with Minor Children) with the local family court. Your petition should include your indicated divorce terms for child support, custody arrangements, spousal support, and property division. Your spouse has 20 days to respond with a counter-petition. Then, you will work with your divorce attorney in Cocoa Beach to reach an amicable agreement and create a parenting plan. During this process, you’ll submit financial documentation and inventory of your marital property to determine how you will split your belongings. If you and your spouse cannot agree on the final divorce terms, a judge will decide for you.

Uncontested Divorce

Uncontested divorces are rare but are granted in specific Florida divorce cases.

Overview

Uncontested divorces are filed when you and your ex agree on all aspects of the divorce terms, from who will pay spousal support to how your belongings are divided. These types of divorces are settled quickly and are less expensive than contested divorces, as the negotiation phase of the divorce proceeding is eliminated.

Eligibility

Anyone filing for divorce in Florida must be a permanent Florida resident for at least six months. To file for an uncontested divorce, you and your ex-spouse must agree on all divorce terms presented in the Petition for the Dissolution of Marriage and have no minor children in your care.

How to File

If you qualify for divorce in Florida, you can file your petition with the family court in the county where you and your spouse last lived together. You should work with your divorce attorney in Cocoa Beach to define all the divorce terms in your petition, such as requested spousal support payments, asset division, and other relevant requests. Your spouse has 20 days to respond. For an uncontested divorce, your spouse must agree to sign the petition within the given timeframe with no changes or counter-petition. Once your spouse signs the petition, a hearing will be set where a judge will approve the final divorce decree.

Default Divorce

Similar to uncontested divorces, default divorce judgments are rare and only occur under specific circumstances.

Overview

Default judgments are made when your spouse fails to respond to the divorce petition within the given timeframe. By failing to respond, your spouse gives up any rights to negotiate the divorce terms, such as property division and time-sharing schedules. The divorce decree will be finalized without your spouse’s input, and they won’t be notified about the proceedings.

Eligibility

To be eligible for a default divorce judgment, your spouse must fail to respond to the initial divorce petition within the 20-day timeframe without asking for an extension. Default judgments are also awarded if your spouse cannot be located or their whereabouts are unknown.

How to File

Some spouses believe intentionally refusing to respond to the divorce petition will delay or void the divorce filing. However, this is not the case. If your spouse doesn’t respond, the judge can issue a default judgment, and your spouse would be barred from negotiating.

The Davies Law Firm: Divorce Attorney in Cocoa Beach

Filing for divorce is an emotional and complex experience. At The Davies Law Firm, Cocoa Beach divorce attorney Kathleen Davies will fight for you and your family’s best interest to ensure the best for your family. We’re here to help you navigate this challenging time and move forward with a plan protecting your and your children’s best interests. Contact our office at 855-688-4713 or schedule a consultation online to get started.

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