Requirements for Divorce in Orlando
Before pursuing a divorce in Florida, you need to make sure you meet the following requirements:
- One spouse must have been a resident of Florida for at least six months prior to filing (proof of residence may include a drivers license, Florida ID, Florida voter registration card)
- The marriage must be irretrievably broken and cannot be saved
There are three types of divorces in Florida, uncontested, simplified, and contested.
Want to Avoid Litigation? An Uncontested Divorce is the Best Option
An uncontested divorce is recommended if you and your spouse are in agreement on how to resolve all the issues pertaining to your divorces such as division of marital property and debt, alimony, and child-related issues like child custody, time-sharing, and child support.
An uncontested divorce has many benefits including:
- No court hearing or trial required
- Gives you greater control over the process — you make decisions about your future, not a judge!
- Saves time and money — from start-to-finish, an uncontested divorce can be finalized in as little as 30 days.
- Reduces conflict and stress for you and your children
Skilled Orlando Divorce Attorney
Even if your divorce is uncontested and amicable, it’s still important to enlist the help of a skilled Orlando divorce attorney to oversee the process. Stephen Caplan can draft and file a marital settlement agreement in the county where you currently reside. He can also assist you in completing the required financial affidavits.
If you have children, you will both have to fill out a parenting plan form and attend a parenting class. You may also be required to attend a short hearing 30 days after the divorce filing.
From the time of filing until the entry of a final judgment of dissolution of marriage, an uncontested divorce generally takes around 4-6 months.
No Children, Debts, or Property? Choose a Simplified Dissolution of Marriage
If you and your spouse have no children, are in agreement on how to divide property, and no one is seeking alimony, you may be eligible for a simplified divorce. This is the easiest, fastest, and least expensive divorce option. To obtain a simplified dissolution of marriage, the following must be true:
- You or your spouse must have been a resident of Florida for six months
- You are willing to give up your right to trial and appeal
- You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).
- You and your spouse are both willing to go to the final hearing (at the same time)
Can’t Agree to Disagree? A Contested Divorce is Likely
Unfortunately, there are times where spouses are unable to resolve their differences amicably outside of court. If this describes your situation, you are most likely headed for a contested divorce. These cases generally involve a period of negotiation and mediation to reach a settlement before going to trial. If a settlement can’t be achieved, the case is resolved in court by a judge.
Experienced Divorce Attorney Serving Orlando And The Surrounding Communities
Orlando divorce attorney Stephen Caplan is well-equipped to represent your interests in a contested divorce proceeding and will put his negotiation and litigation skills to work on your behalf. Depending on the court’s calendar, contested matters can take as long as 9 months to 3 years or longer before a divorce decree is issued. If you are considering a divorce, contact our office today to learn how we can help you.
Learn more about divorces:
- Contested Divorce
- Uncontested Divorce