Divorce Attorney in Lakeland, FL

How to File for Divorce in Florida

Florida’s dissolution of marriage process follows a defined sequence of steps. Understanding each one helps you move forward with clarity rather than uncertainty.

• Residency Requirements: Before filing, either you or your spouse must have lived in Florida for at least six months. This applies regardless of where the marriage took place.
• Grounds for Divorce: Florida is a no-fault divorce state. The only required ground is that the marriage is irretrievably broken. You don’t need to prove fault or wrongdoing, and neither spouse needs to testify against the other.
• Prepare the Petition: The process begins with a Petition for Dissolution of Marriage covering property division, alimony, child custody, and child support where applicable. In Polk County, this petition is filed with the Tenth Judicial Circuit at the Polk County Courthouse in Bartow.
• Serve the Petition: After filing, the petition must be formally served on your spouse through an authorized method such as a process server or sheriff’s deputy.
• Response from Your Spouse: Once served, your spouse has 20 days to respond. If they disagree with the terms, the divorce becomes contested and proceeds to further legal proceedings.
• Financial Disclosure: Both parties must disclose assets, debts, income, and expenses within 45 days of service. This financial transparency underpins equitable distribution of marital property.
• Negotiate and Mediate: Polk County family law cases routinely involve court-ordered mediation before a contested matter reaches a judge. If both parties resolve their differences, a marital settlement agreement is drafted and submitted to the court.
• Finalizing the Divorce: Once all issues are resolved, the court issues a Final Judgment of Dissolution of Marriage, and both parties are legally divorced.

Working with a family law attorney before filing helps ensure your rights are protected at each stage. Learn more about why hiring a divorce lawyer is worth considering before you proceed.

Simplified Dissolution of Marriage in Florida

Florida offers a simplified dissolution process for couples who meet specific eligibility criteria. It reduces court time and paperwork compared to a standard petition, but it isn’t the right fit for every situation.

To qualify for a simplified dissolution, all of the following must apply:

• No minor children from the marriage, biological or adopted
• No current pregnancy
• At least one spouse has been a Florida resident for six months or more
• Both spouses have agreed on the division of all assets and debts
• Both spouses agree the marriage is irretrievably broken

Even when all criteria are met, Polk County residents still file through the Polk County Courthouse in Bartow. And even in simplified cases, having an attorney review the agreement before it becomes final can help address terms that seem fair now but may create problems later.

Securing a Fair Marital Settlement Agreement in Polk County

A marital settlement agreement spells out the complete terms of a divorce, covering every issue so little is left to a judge’s discretion. Reaching one before court hearings keeps decision-making authority with the spouses rather than transferring it to the court, and it typically reduces the cost and duration of the divorce significantly.

Equitable Distribution of Marital Property in Florida

Florida uses equitable distribution to divide marital property, meaning assets are divided fairly rather than automatically split 50/50. Marital property generally includes assets acquired during the marriage. Separate property, including assets owned before the marriage or received as an inheritance or gift, typically reverts to the original owner, though this determination can become complicated when an asset existed before the marriage but gained value during it.

Polk County family courts weigh several factors when dividing assets: the length of the marriage, each spouse’s financial situation, each party’s contributions to marital assets, and any career or educational disruptions caused by family obligations. Building a comprehensive inventory of assets and debts early in the process gives me the foundation I need to advocate effectively for an outcome that reflects your actual contributions and circumstances.

Child Custody & Support in Lakeland Divorce Cases

For divorcing parents, the parenting plan and timesharing arrangement often matter more than anything else in the case. Florida family courts evaluate all custody and timesharing decisions under a best-interests-of-the-child standard, weighing factors such as each parent’s mental and physical health, the child’s existing relationship with each parent, the stability of each home environment, and any history of abuse or neglect.

Florida uses a “parenting plan and timesharing” framework rather than the traditional custody and visitation model. Both parents typically share parental responsibility unless the court determines shared responsibility would be detrimental to the child. Child support is calculated using both parents’ incomes, the number of children, healthcare and childcare costs, and the timesharing schedule.

I develop parenting plans tailored to each family’s actual circumstances, addressing decision-making authority, daily and holiday schedules, communication between parents, and specific concerns around schooling, healthcare, and extracurricular activities. A well-drafted plan can reduce conflict and give both parents and children a stable framework to build on.