Women and Divorce
Societal views and social norms have substantially changed the way we view marriage and divorce in the twenty-first century. From the rise of women in the workforce, the women’s liberation movement, the altered perception of gender roles within the marriage, and the change in views on divorce have all affected the divorce rate in today’s society.
One of the most notable facts about divorce is that approximately fifty percent (50%) of all marriages end in divorce. What most people do not know is that recent studies have shown that women initiate about seventy percent (70%) of all divorces.
Attorney for Divorce in Fort Lauderdale, FL
If you or a woman you know is attempting to obtain a divorce, uncontested or contested divorce, in Florida, contact the attorneys at the Florida Women’s Law Center for more information on the services we offer to women in our community.
With an office in Downtown Fort Lauderdale, we take cases throughout South Florida, in areas like West Palm Beach, East Naples, LaBelle, and Miami, Florida.
Call (954) 500-5555 for more information about FLWC’s mission and how the experienced family law attorneys at our office can help you.
Broward County Women and Family Law Information Center
- How does education level impact divorce rates?
- What happens when only one party wants a divorce?
- What do both parties have to agree on in an uncontested divorce?
- How does domestic violence impact a divorce?
- Where can I learn more about women and divorce in Fort Lauderdale?
Marriage Outcomes Based on Social Status
Statistics show that marriage outcomes may differ based on the race and ethnicity, the educational status, and the age of the parties involved. Statistics have shown that the higher a woman’s educational attainment, the less likely she was to have divorced. However, the divorce percentage for women who had obtained higher education (32%) was approximately ten percent higher than men who had attained secondary educational degrees (21%). (Chart from U.S. Bureau of Labor Statistics).
| Table 4. Marriage outcomes by age 46 by gender and educational attainment | ||||
| Characteristic | Less than high school diploma | High school graduate, no college | Some college or associate’s degree | Bachelor’s degree or higher |
| Men | ||||
| Percent ever married | 77.5 | 84.2 | 84.3 | 88.0 |
| Percent ever divorced | 44.4 | 41.2 | 39.5 | 20.9 |
| Among those ever married, percent ever divorced | 57.2 | 49.0 | 46.9 | 23.7 |
| Among those ever married | ||||
| Average age at first marriage | 24.3 | 24.8 | 25.5 | 27.2 |
| Percent still in first marriage | 41.4 | 50.0 | 52.0 | 75.1 |
| Percent of first marriages ending in divorce | 56.6 | 48.7 | 46.3 | 23.7 |
| Among those who divorced | ||||
| Average duration of marriage (in years) | 9.4 | 8.7 | 8.5 | 9.5 |
| Percent remarrying | 58.3 | 66.7 | 65.5 | 68.9 |
| Among those who remarried after divorce | ||||
| Average time to remarriage (in years) | 5.4 | 4.1 | 3.7 | 3.9 |
| Percent still in second marriage | 60.1 | 59.4 | 60.7 | 85.0 |
| Percent of second marriages ending in divorce | 38.8 | 40.1 | 37.3 | 15.0 |
| Among those whose second marriage ended in divorce | ||||
| Average duration of second marriage (in years) | 6.0 | 6.9 | 6.9 | 7.2 |
| Percent remarrying | 56.4 | 50.8 | 45.7 | 49.2 |
|
Women |
||||
| Percent ever married | 86.2 | 90.3 | 89.6 | 89.9 |
| Percent ever divorced | 52.3 | 44.5 | 44.7 | 32.0 |
| Among those ever married, percent ever divorced | 60.6 | 49.3 | 49.9 | 35.6 |
| Among those ever married | ||||
| Average age at first marriage | 20.9 | 22.3 | 23.2 | 25.9 |
| Percent still in first marriage | 33.3 | 47.1 | 47.4 | 63.3 |
| Percent of first marriages ending in divorce | 59.9 | 47.6 | 49.3 | 35.4 |
| Among those who divorced | ||||
| Average duration of marriage (in years) | 10.9 | 9.3 | 9.3 | 9.4 |
| Percent remarrying | 63.5 | 69.5 | 64.3 | 64.7 |
| Among those who remarried after divorce | ||||
| Average time to remarriage (in years) | 3.6 | 4.5 | 5.0 | 3.8 |
| Percent still in second marriage | 54.1 | 60.7 | 58.4 | 65.8 |
| Percent of second marriages ending in divorce | 42.9 | 37.4 | 37.5 | 33.6 |
| Among those whose second marriage ended in divorce | ||||
| Average duration of second marriage (in years) | 6.1 | 6.5 | 6.7 | 6.5 |
| Percent remarrying | 67.2 | 56.8 | 55.3 | 50.4 |
|
Note: The National Longitudinal Survey of Youth 1979 consists of men and women who were born in the years 1957–1964 and were ages 14 to 22 when first interviewed in 1979. These individuals were ages 45 to 52 in 2010–2011. Race and Hispanic or Latino ethnicity groups are mutually exclusive. Educational attainment is as of the most recent survey. The data used in this study are weighted such that the sample employed is representative of those born in the years 1957–1964 and living in the United States in 1978. Source: U.S. Bureau of Labor Statistics. |
||||
Contested Divorce in Florida
Generally, one party files for a divorce and in Florida, all it takes is the parties to have been Florida residents for six (6) months and for both parties to state that the marriage is “irretrievably broken.” However, if one party disagrees that the marriage is “irretrievably broken,” or one party does not agree on custody or property distribution, then the parties are in what is called a “contested divorce.”
A “contested divorce” simply means that the parties disagree on either the divorce itself or on the settlement of marital issues. When an individual contests a divorce, the process goes as follows:
- Party files a petition for divorce in a Florida court,
- The petition is filed out completely and states the grounds for the marriage ending,
- The responding spouse has twenty (20) days from the date of service to respond to the petition for marriage dissolution,
- If the parties disagree on any terms in the marriage, then they may attempt to settle those disputes in negotiations,
- If the parties cannot agree on the way the marriage should end, however, then they may be subject to a judge deciding the outcome of the marriage in a trial, mediation, or arbitration.
Uncontested Divorce
When two people decide that they should no longer be married, the process of getting a divorce is simple. An uncontested divorce can be over in as early as four to six months. Parties who have already decided how property, parenting time, and liabilities should be distributed are likely considering an uncontested divorce.
Florida law contains a number of requirements in order for a divorce to truly be considered “uncontested.” An individual may file for a simplified dissolution of marriage in Florida if all of the following are true:
- the parties agree that the marriage cannot be saved;
- the parties are not seeking support or alimony from one another;
- the parties have worked out how they will divide assets and liabilities;
- the parties have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not pregnant at the time of filing;
- the parties are willing to give up their right to trial and appeal;
- the parties are both willing to go into the clerk’s office to sign the petition for divorce;
- the parties are both willing to go to the final hearing at the same time.
Divorce and Domestic Violence
Unfortunately, many women attempt to end marriages because of domestic violence. Florida law considers domestic violence to be violence between members of the same family. Spouses fall under the “family” category as defined by Fla. Stat. 741.28.
Dealing with an abusive spouse during a divorce can be challenging. Many victims find themselves dealing with not only physical abuse but mental and emotional abuse as well. The controlling behavior of the abusive spouse can also make a victim feel stuck. Abusive spouses generally control the finances and their spouse’s access to resources.
When an individual seeking a divorce is the victim of an abusive relationship it is important that the victim seeks a temporary restraining order and does not agree to mediation or any form of settlement without their attorney present.
Additional Resources
Marriage and Divorce by Age, Race, and Education – Visit the United States Department of Bureau of Labor Statistics for more information about the statistics on marriage and divorce based on educational attainment, age, and race in the United States. Also find additional information on statistics of individuals divorced after their second marriage based on age, race, and education.
61.052 F.S. – Visit the Online Sunshine the official website of the Florida Legislature for the full legislative language of the Florida dissolution of marriage statute to find out how to file for a contested or uncontested divorce in Florida.
Find an Attorney for Divorce in Broward County, FL
At the Florida Women’s Law Center, our goal is to ensure that women have equal access to legal services and to aid women in their fight for legal justice. If you or someone you know needs a divorce, whether it is uncontested or contested, in Broward County, FL or in the surrounding counties of Miami-Dade County, Hendry County, Collier County, or Palm Beach County, FL, then contact the experienced family law attorneys at the FLWC.
Call (954) 500-5555 for more information or to set up a one-on-one consultation with one of our attorneys.
