Types of Divorce in Florida
It’s critical to understand your options when facing a divorce. This guide will highlight the types of divorce available under Florida law and help you determine the best path forward. Whether you expect an uncontested divorce, no-fault divorce, or a high-asset case requiring litigation, knowing your choices is the first step toward resolution. Hudson Family Law is home to Palm Beach County’s leading divorce attorneys. We’re here to provide expert guidance and compassionate support during this challenging time.
Overview of Florida Divorce Laws
Florida has taken steps to simplify the divorce process in recent years. As a no-fault divorce state, Floridians don’t need to prove wrongdoing by either party to file for divorce. The most common reason cited is an irretrievable breakdown of the marriage. However, not all divorces are the same. Florida offers various ways for couples to dissolve their marriage. The most appropriate route depends on the specifics of your situation.
Different Types of Divorce in Florida
Divorce is not a one-size-fits-all matter, and Florida law reflects that. The most common types of divorce in the state include:
Uncontested Divorce
An uncontested divorce is one of the most straightforward types. Both parties agree on all critical issues, including division of assets, child custody, and alimony. Because there are no disputes to resolve, this process is relatively fast and inexpensive. It’s an ideal choice for couples that can collaborate amicably.
Contested Divorce
If you and your spouse can’t agree on key issues, your case becomes a contested divorce. This type requires court intervention, with a judge making final decisions on unresolved matters. Contested divorces can be time-consuming and expensive, but they ensure fair judgments when disputes arise.
Simplified Divorce
Florida offers a simplified divorce process for couples that meet specific criteria. This option is available if you don’t have children and both parties agree on asset division, among other qualifications. It’s designed for couples seeking a swift and uncomplicated resolution.
Do-it-Yourself Divorce
For anyone looking to save money on legal fees, a do-it-yourself divorce may seem appealing. However, handling legal paperwork and court filings without professional guidance can be risky – especially if you’re unsure about the state’s legal procedures.
Collaborative Divorce
A collaborative divorce is a process in which both parties and their attorneys agree to avoid court. Instead, they work together to negotiate terms that benefit everyone involved. It’s ideal for those seeking an amicable and private resolution.
Divorce Mediation
Divorce mediation involves a neutral third-party mediator who helps spouses negotiate agreements on matters like custody, support, and property. Mediation can often lead to faster, less adversarial outcomes than court proceedings.
Divorce by Litigation and Trial
When other options fail, couples may resolve their divorce through litigation. This involves presenting a case in court, where a judge issues binding decisions. While litigation ensures fairness in complex or high-conflict cases, it tends to be the most expensive and time-consuming process.
Default Divorce
A default divorce occurs when one spouse files for divorce and the other fails to respond. If the non-responding spouse doesn’t contest the process, the filing party may receive a default judgment.
High-Asset Divorce
If significant property, investments, or financial complexities are involved, you may need a high-asset divorce. These cases often require financial experts to ensure fair asset division and legal representation to protect your interests.
Gray Divorce
The term “gray divorce” refers to couples divorcing later in life, often after decades of marriage. Unique considerations include dividing retirement accounts, addressing healthcare benefits, and planning for long-term financial stability.
Factors That Impact the Type of Divorce You Choose
Your priorities will influence which type of divorce suits your needs. Consulting with an experienced divorce attorney can help. Among the factors that will determine the best type of divorce for your situation are:
- Level of Agreement – Can you agree on key issues such as custody and asset division?
- Financial Complexity – Does your case involve high-value assets or debts?
- Conflict Level – Is your divorce amicable or contentious?
- Timeline – Is a quick resolution your priority or are you prepared for a longer process?
Legal Requirements for Divorce in Florida
You must meet a few legal requirements before you can file for divorce in Palm Beach County or throughout Florida. Importantly, at least one spouse must have lived in Florida for six months before filing. Additionally, you must file a petition for dissolution of marriage. This involves providing necessary forms and financial disclosures. Hudson Family Law can help you with these or any other legal requirements during the divorce process.
Tips for Choosing the Right Divorce Process
Going through a divorce is challenging for anybody. However, choosing the right divorce process can make it slightly easier. We recommend the following when choosing which type of divorce is best for you:
- Consider Your Goals – Do you want a quick solution or a process prioritizing fairness?
- Evaluate Your Relationship – Options like mediation or collaboration may work best if you can communicate effectively.
- Seek Legal Advice – Working with a divorce attorney can clarify which type of divorce suits your circumstances.
- Plan for the Future – Keep long-term outcomes like financial stability, child welfare, and emotional recovery in mind when deciding.
Contact Our Divorce Attorneys in Palm Beach County, FL, Today
Navigating the divorce process doesn’t have to be a solo endeavor. Hudson Family Law is here to guide Palm Beach County residents through every step, ensuring the right divorce process for each unique situation. Our award-winning divorce lawyers have been sharing their expertise and compassion with clients for more than 30 years, and we’ll do the same for you. Contact us today to schedule a free consultation.