Should we file for divorce in Florida?

Answer 1

I am not sure what state you are deciding between but Florida is a fairly simple state to file for divorce in. In Florida, as with other states, it does not usually make a major difference who files for divorce first, becoming the "petitioner." Some attorneys suggest that it might make a difference if there are subtle inclinations of a certain judge in one Florida county over the other. If your attorney knows that the judge in the Circuit Court of a certain county tends to grant large child support amounts, for instance, this may affect the attorney's decision to file first depending on whether his or her client is the money-earning spouse.

Of course, the spouse only has two options in the above scenario: filing for divorce in his or her county of residence, or waiting for his or her spouse to file in the other county of residence. In Florida, spouses must have lived in the county of filing for at least 6 months before doing so.

Answer 2

It depends on the circumstances. In an uncontested divorce, both parties agree to get divorced, and agree to how their property and debts will be divided. If you are in agreement with your spouse about how you would like to handle things, uncontested is fine. If you disagree with how your spouse would like to divide things, you should contest.

It is a good idea to meet with a lawyer and discuss what assets and debts you have, as well as whether you have any children, and get an idea of what you could expect to end up with after a contested divorce. If there is a big difference between what is being offered and what you could end up with, it may be wise to hire a good attorney and contest.

However, if you are in agreement, or don't have much to fight over (no children, no house, no large debts, etc) it may be better to just accept the offer and move on.

Answer 3

The residency requirement for Florida is that one or the other of the spouses must have lived in Florida for six months immediately prior to filing for divorce.

Answer 4

Yes, if you reside in Florida.