Divorce FAQS

1. What are the grounds for divorce in Florida?

Florida has "no fault" divorce, making it unnecessary to prove cruelty, adultery, or abandonment to obtain a divorce. The usual ground is irreconcilable differences with your spouse.

2. How long must I be a resident of Florida to get a divorce?

You or your spouse must have been a resident of Florida for six (6) months immediately preceding the filing of the divorce.

3. How does my spouse learn about the divorce?

After the petition is filed, the spouse must receive proper notification. There are several ways to accomplish this. A process server may deliver a copy of the petition to the spouse. This is called "service" on the spouse. Another way is to have the spouse sign a document called an "Acceptance of Service". The Acceptance of Service acknowledges receipt of the petition and eliminates the requirement of having someone officially hand the papers to the spouse.

4. What does "uncontested" divorce mean?

An "uncontested" divorce is when both spouses agree to all aspects of custody, visitation, support, division of property, debt payment and attorney's fees. If one spouse disputes any of these matters and an agreement is not eventually reached, a trial will be necessary.

5. When is the divorce final?

A divorce is final on the date the Judgment of Dissolution is signed by the Judge.

6. Will I be required to take a parenting class?

Yes, all parties to dissolution actions involving minor children must take a parenting education class unless excused by the judge. The class, called Children First in Divorce, is offered by Hope Haven and by correspondence for parents who do not live in the Jacksonville area.

7. What visitation is normally ordered?

The Fourth Judicial Circuit (Duval, Clay and Nassau Counties) has visitation guidelines that are normally ordered in most divorce actions and in many paternity actions. When both parties live in the area, the local guidelines are usually ordered. If the parent who does not live with the children lives more than 280 miles away, a different set of guidelines applies.

8. What Is Mediation?

Mediation is a process during which persons who are involved in a family law matter have a conference with a neutral third party who is referred to as a mediator. A mediator is usually an attorney. If the parties are represented by attorneys, the parties and their attorneys attend the mediation session. The parties do not have to be represented by an attorney to participate in mediation. If one party is represented, and the other party is not represented by an attorney, the case may still be referred to mediation. During the mediation session, the parties discuss the case and attempt to resolve the case without going to trial. Many family law cases are resolved in mediation. If the case is not resolved in mediation, the case may be resolved by going to trial.

9. Should I Try To Save My Marriage?

This is a question that only the parties to a marriage can answer. It is the practice of this firm to suggest counseling to parties who have not yet filed for divorce. Once the petition for divorce is filed, the court may order the parties to attend counseling to attempt to resolve their differences.

10. What is a Custody Evaluation?

When the parties to a divorce or paternity action are not in agreement regarding who should have custody of a minor child or minor children, the court may order a custody evaluation. The evaluation is conducted by a neutral third party who is not involved in the case. The evaluator is often an attorney, but the evaluator may be a licensed mental health professional. The evaluator will conduct an investigation during which he or she gathers information about the child or children and the parents. Once that investigation is complete, the evaluator will prepare a report in which he or she makes a recommendation regarding who should have custody of the child or children.