Frequently Asked Questions About Divorce
At Peppler Law P.A., our lawyer represents clients in Oviedo and throughout Seminole County in all types of family law cases. We are here to answer your questions and help you make an informed decision about your case.
Below is a list of common questions about divorce and our responses:
Does the court have or need to be involved at all?
Yes. The court will rule on any disputes and approve any final orders. The court is also necessary to grant a divorce.
What grounds do I need for a divorce?
In Florida the only ground is that the marriage is “irretrievably broken” (also known as the “no-fault” ground). This means that if one party has made up his or her mind that the marriage is over and demands a divorce, the court must grant the divorce.
Do I need to prove “fault”?
No. Fault is not an issue considered in divorce cases in Florida.
What is legal separation or separate maintenance?
In Florida the court may grant a decree of legal separation as opposed to a divorce but, except for not being free to remarry, it has the same requirements and results as a divorce.
What is a “no-fault” divorce?
For a “no-fault” divorce, one party must prove that the marriage is over, according to them, through sworn testimony.
Do I need to live in the state of Florida to get a divorce here?
Yes, one spouse must live in Florida and have lived in Florida for at least six months.
How do I file for a divorce?
The person seeking divorce must file a document or “petition” in the circuit court. The petition will be served on the other spouse by a process server or sheriff of the appropriate county. Who files first is irrelevant to the divorce. The person who files first only gets to pay the higher filing fee.
Where do I file for divorce?
A complaint for divorce should be filed in the circuit court where the parties last lived as husband and wife.
I just received a petition for dissolution of marriage from my spouse, now what?
You have 20 days to respond to the petition in writing and to file a counter petition. A counter petition allows you to admit to or deny each claim cited in the divorce petition.
Speak To Us To Get Your Questions Answered
Every case is different. Our approach depends on a variety of factors. We will guide you through your case and help you understand your options. We have answers to your questions about divorce. Schedule a consultation with our attorney by calling 407-792-6697 or fill out our online form.