A brief overview:

In Florida, when you want to end your marriage, it is called a "dissolution of marriage." You or your spouse must have lived in the State of Florida for a minimum of six (6) months prior to filing for a dissolution of marriage, and you must have proof of your continued residency, generally proven at Final Hearing by letting the Judge see your Florida Drivers License. Florida does not require that any "fault" be found in filing for divorce, only that you testify at the time of the Final Hearing that your marriage is irretrievably broken, or broken beyond repair.

Every Dissolution of Marriage is unique. Depending on the issues in dispute, some dissolutions of marriage are more complex than others. That is why it is preferable to be represented by an Attorney. Only attorneys can provide legal advice and representation based upon your particular situation.

Just below the "General Public" tab, you will see the words "Self Help Centers," which will direct you to the self help programs available in each county. These centers will often offer assistance in the completion of the required documents. Also, just below the "General Public" tab, you will see "Family Law Forms," which is where you can access the self-help forms needed to file and follow through with a Dissolution of Marriage with or without children.

A good place to get legal help is to go to an Attorney with whom you have previously worked. Even if he cannot help you, he may be able to refer you to someone with whom he is familiar in the community who can assist you.

The Bar Association in your county likely has a "Lawyer's Referral Service." They may even have a "Low Cost Panel," which provides representation at a lower hourly rate if your income is limited. The Florida Bar's Statewide Lawyer Referral Service can also help you find an attorney by contacting them at 1-800-342-8011. The Family Law Section of the Florida Bar has family law lawyers listed at www.familylawfla.org

Your local Legal Aid office may be able to assist you with your dissolution of marriage. Contact them directly. You should be able to find them listed in your phone book.

a. CHILD CUSTODY, VISITATION AND CHILD SUPPORT:

The law in the State of Florida is called "Shared Parental Responsibility," which means that the child has frequent and continuing contact with both parents, and both parents continue to share the rights, responsibilities and joys of child-rearing. The Court generally determines the primary residence of the child to be with one of the parents, and provides time sharing arrangements for the other parent. Florida Statutory Guidelines take into consideration both parties' incomes in ordering the payment of child support by the non-custodial parent.

Completion of a four hour Parenting Court is required by both parties in all divorces involving children.

b. ALIMONY:

The Court can award temporary or permanent alimony through periodic payments or a lump sum payment. The Court looks at many factors in determining whether or not alimony is warranted in a particular case, including, but not limited to: the length of the marriage, the need of one spouse and the other spouse's ability to pay.

c. DIVISION OF PROPERTY AND ASSETS:

The law in the State of Florida is "Equitable Distribution." The Court will divide all assets and debts acquired during the marriage. The basic premise of equitable distribution is that the distribution be equal, however, there are many factors which the Court examines in making a final determination, and there are some exceptions to items being included in this division.

a. The State of Florida has a "Simplified Dissolution of Marriage" available for parties who both want a divorce, have no children, have divided all of their assets and debts, and both agree to go to the Clerk of the Court for the filing and to the Judge for the Final Hearing together.

c. The parties may choose to go to Mediation prior to hiring attorneys and attempt to settle the issues with the assistance of a third party. The parties may instead choose to hire their own attorneys to be sure that they have protected their respective interests. With their respective attorneys assisting, the parties may be able to settle all issues between themselves, or they may still enlist the assistance of a mediator to resolve the issues.

WHAT IF MY SPOUSE AND I CANNOT AGREE ON A FINAL RESOLUTION? Mediation is generally Court Ordered prior to scheduling a Final Hearing. However, if you have made a good faith effort to settle at Mediation, and cannot, your case will go to the Judge for a Final Hearing. Depending on how busy your Judge is, it could take weeks or months to get to a Final Hearing.

If you are represented, you should rely on your Attorney for the best information on how you can assist him in preparing for the Final Hearing. If you are pro se, the Judge will advise you in advance how much time has been set aside for the presentation of your case. Remember that you are only entitled to one-half of the time allotted for your hearing - your spouse is entitled to the other half. Focus on the issues which are most important to you. Be organized and succinct in your presentation. If you need exhibits or witnesses to support your position, bring them with you. Do not bring children with you to Court unless the Judge has directed you to do so.