Tampa Divorce and Family Law Frequently Asked Questions
Q1. How much is the divorce filing fee in Tampa?
As of January 01, 2018, the divorce filing fee costs $408.00. It is an additional $10.00 for the summons. The total divorce filing fee is $418.00. This does not include the cost of getting the other party served. This fee is standard and is the same whether filing for divorce in Tampa, Plant City, Brandon, Valrico, Riverview or the rest of Hillsborough County.
In some cases, people may qualify for a Civil Indigent Status and the divorce filing fee can be waived. To learn more, visit here. For the application for Determination of Civil Indigent status, visit here.
Q2. How long does it take to get a divorce in Tampa?
If both parties cooperate 100% and agree on everything, then it could be done in as little as two weeks. If the parties disagree and it becomes contested, and there are many complex issues, then it could take well over a year.
The biggest factors include whether or not both parties want the divorce to begin with. It also depends on whether or not there are minor children. Often times, child custody and child support are the biggest issues in Tampa Bay divorces. This can be complicated and add a lot of time if there are allegations of abuse, or if Domestic Violence Injunctions have been entered against one party.
If a marriage is over seven years in length, then alimony can become a time-consuming issue for many Tampa Bay couples going through divorce, especially in cases where the mom stayed at home to raise the children while the husband was the sole breadwinner.
In some instances, complex issues can arise from high-asset divorces which can really bog-down a Tampa divorce. When there are businesses that need to be valuated, and forensic accountants hired to find a party’s true income, this can really slow-down the process.
Ultimately, the time it takes to get divorced in Tampa really depends on the parties involved. Potentially highly-complex divorces can be mediated and settled relatively quickly if everyone works together and creates solutions. Conversely, if both parties are out for blood, then relatively straight-forward divorces can drag-on far longer than reasonably necessary.
It also depends on how backed-up the Family Courts are in Tampa and Plant City, as scheduling issues can significantly delay a divorce.
Q3. How much does it cost to get divorced in Tampa?
For an uncontested divorce in Tampa with no minor children or real property, a divorce could be as cheap as the $408.00 filing fee. Of course, this is if the parties agree on everything. If the parties want a divorce attorney to handle the paperwork and attend the final hearing, then it would cost more, depending on how long it takes to draft the paperwork, and how much the attorney charges per hour.
Most Tampa divorce attorneys charge between $200 and $400 per hour. If the divorce becomes contested, there are minor children, real property and other marital assets, such as retirement accounts, then it will likely cost more money. The biggest factors will be how reasonable each party is, and how well each divorce attorney tempers their client’s expectations.
If one party is being unreasonable, or vindictive, then it can make a divorce last much longer than necessary. And usually the longer a divorce case lasts, the more expensive it will be.
Attorney Hartwig understands this first-hand, having gone through a divorce in Tampa himself, and he strives to keep costs low for his clients.
Q4. Do I need a reason to get divorced?
To get divorced in Tampa, like the rest of Florida, one spouse doesn't need to have a particular reason. Florida is a no-fault divorce state. This mean that one party does not need to show any kind of wrongdoing by the other party, and simply needs to state that the marriage is “irretrievably broken.”
That’s it.
In most cases, judges will not order counseling or take any other steps to keep the marriage intact, even if there are minor children, or if one party does not want to get divorced. This is the prevailing trend across the United States.
Q5. If I can't find my spouse, can I still get divorced?
Yes. If you do not know the whereabouts of your spouse, you can still get a divorce. You will first need to get that spouse constructively served the divorce petition. This is usually done through service by publication.
In conjunction, you must also do a diligent search for that spouse. This includes going to last known address, last known employer, doing a search online and through social media, and questioning friends and relatives.
Once you have exhausted these measures, and the location of the spouse is still unknown, you will submit an affidavit with the court stating this and what you did to try and locate her.
While you may get a divorce this way, it may not be preferable in some instances. For example, a divorce by publication leaves the courts unable to award alimony or child support, create a parenting plan with custody language, or divide marital assets and debts.
Q6. Can I file for divorce in Tampa?
If you have been a resident of Florida for six months, then you meet the residency requirement for filing for divorce. If you are in the military, then you may have this time reduced with Permanent Change of Station orders.
Further, if you are in the military and are stationed out of state, then you can probably still file for divorce in Florida.
Q7. Will I have to pay alimony?
Alimony is based on the length of the marriage, one spouse's need for the spousal support, and the other spouse's ability to pay. Generally speaking, most Tampa judges will not assign alimony for short-term marriages.
Short-term marriages are less than 7 years in length, calculated from the date of marriage to the date of filing for divorce. This makes the divorce filing date very important.
For marriages longer than 7 years, there is the potential for a judge to award various types of alimony. However, every case is different, and just because a couple was married for longer than 7 years doesn't necessarily mean alimony is appropriate in your divorce.
Unless there is a need by one party, and the ability to pay by the other, then alimony is generally not awarded.
Q8. Is it hard to get 50-50 Timesharing in Tampa?
Like everywhere else in Florida, Hillsborough county Family Courts use the "Best Interests of the Child" approach to awarding custody, or timesharing. There are around 20 main factors that the court will use when making a determination. You can see those factors here.
Keep in mind, when it comes to fighting for custody of your children, you want to make a stand with the initial determination, as once the court has determined the custody in a divorce, it is very difficulty to modify later, as you need to have a permanent, substantial change that was not anticipated at the time of the initial custody determination.
This is why it is important to find the right Tampa divorce attorney from the start.
Q9. What's the fastest and easiest way to get divorced in Tampa?
The easiest way to get divorced in Tampa is to file a simplified dissolution. This only works under a very narrow set of parameters. These include:
There can be no minor or dependent children born from the marriage nor can the wife be pregnant.
If there is property, division of property has been agreed to and a written property division agreement must be filed with the court at the time of initial appearance.
You cannot have any unresolved financial obligations.
One of the parties must be a Florida resident for at least six months prior to the date of filing and your residency must be corroborated by a witness.
Both parties will be required to complete a marital settlement agreement.
If you and your spouse do not meet all of the below requirements, we cannot assist you in the preparation of your divorce petition.
Both parties must also appear at the Final Hearing. Another fast way to get divorce is the uncontested divorce. A good attorney can usually handle this quickly and cheaply, provided everything is agreed upon by the divorcing spouses.
Q10. Is mediation required in Tampa divorces?
Yes, in Hillsborough County, it is a requirement for parties to go to mediation when there is a contested divorce. This can be done through Mediation and Family Diversion Services for a small fee, but it is usually more effective to go to a private mediator.
Once mediation has been completed, and if there are still unresolved issues, then a Final Hearing can be set. In some cases, a judge may order the parties to mediation a second time.
Q11. What if I can’t afford an attorney?
A contested divorce can be very expensive. If you do not think you can afford a Tampa divorce lawyer, then do more research. Many divorce attorneys are willing to work with clients by offering flexible payment options, such as breaking retainers down into monthly installments, or unbundled or limited scope representation, where you pay for the attorney to help you with certain aspects of your case.
In some instances, if your spouse makes a lot more money than you do and can afford to pay for a divorce attorney and you cannot, then some of your ongoing attorney’s fees could be ordered to be paid by the higher earning spouse.
The bottom line when it comes to expense is how many issues there are and whether or not you and your spouse are able to reach an agreement, or if it needs to go to trial to be sorted out by the judge.
