How to File for Divorce
The Tampa/Brandon divorce process
To file for divorce in Brandon or Tampa, Florida, start the process safely—contact a qualified divorce attorney from Quinn Law Firm, P.A. While you are legally permitted in Florida to represent yourself in a dissolution of marriage, it is highly inadvisable to do so. Florida divorce laws and court procedures are complex, and the ramifications of a single mistake in divorce proceedings can negatively affect the rest of your life.
Step #1: Meet with your lawyer
To file for divorce in Florida, we first meet with you to learn about your situation, discuss your marriage dissolution options, and verify legal requirements for divorce. For example, it is necessary to meet Florida residency requirements, which state that one of you must have been a Florida resident for at least six months prior to filing for dissolution. If neither of you meet residency requirements, you must wait until your residency requirement has been met before filing for divorce in Brandon, or we can help you file where you are qualified.
Step #2: File dissolution papers
Once we verify your filing requirements and determine the best divorce strategy, we help you form and file dissolution papers in either your county or the county your spouse is living in. The dissolution action in Florida reflects that your marriage has been irretrievably broken or references the mental incompetence of your spouse when relevant. Per Florida statute 61.052, fault is not considered in the dissolution except as it affects child custody, division of property, or alimony awards.
Step #3: Serve the papers
Once we have filed your dissolution action, it must be served upon your spouse by a professional process server or any other adult other than you, the filing spouse. Your spouse must file an answer with the court within 20 days of receiving these papers. Otherwise, the dissolution action proceeds without your spouse's input as an uncontested divorce.
Step #4: Pre-trial discovery
During the discovery phase leading up to your divorce trial, both parties perform discovery, which may include researching, requesting and providing requested documentation and evidence, locating and securing witnesses, performing depositions, filing motions, and performing mediation efforts.
You may qualify for Florida's simplified, uncontested dissolution process if all of the following apply:
- You have no dependent minor children, adopted or otherwise.
- The wife is not pregnant.
- You both agree to use the simplified process.
- Residency requirements are met.
- You both agree on the division of property.
Step #5: Divorce court
When a simplified dissolution is not possible, your divorce moves on to trial. In court, each side presents its case, has an opportunity for cross examination, and then turns the matter over to the judge. The judge grants the marriage dissolution and lays out all court orders, such as those pertaining to spousal support, division of assets, child support, and child custody.
Filing for divorce in Brandon
To do more research, you can find the laws regarding divorce in Florida primarily contained in Chapter 61 of the Florida Statutes—Dissolution of Marriage; Support; Custody.
If you are facing the difficult challenges of a divorce or need trusted legal advice concerning marital and family law matters, please contact our law firm at 813-418-7405 to arrange an appointment with our attorney. We handle Tampa and Brandon divorce proceedings for both men and women.
