Residency Requirements:
In order to file your divorce in a Florida court, at least one of
the spouses must have lived in Florida for the last six months.
It is not required that both parties live in Florida, but one party
must live in Florida and the other could live anywhere else in the world.
Legal Separation:
A spouse may file for separate maintenance or support.
General Divorce Procedure:
A simplified dissolution of marriage may be used if:
1) if there are no minor children and the wife is not pregnant;
2) the spouses agreed to a fair division of property and payment of
their debts;
3) the six-month residence requirement has been satisfied;
4) the marriage is irretrievably broken.
The spouses must testify of the above in court and submit a certificate
of corroborating witness regarding residence requirement. In addition,
each spouse must attach a financial affidavit to the petition for
dissolution of marriage.
Where to file for divorce:
In the county where the respondent lives or the county where the spouses
lived together before separation.
|
|
In Florida, many counties permit parties to mail
forms into the courthouse for filing. You may never have to appear in
court. Some Florida Courts will not permit mail in filing, and some cases
may not be appropriate for mail in filing in any county. You will need
to contact the court clerk when you are finished to ask about this.
Grounds for Florida Divorce:
There are two types of grounds for divorce in Florida.
No-fault:
No-fault divorce has only one
ground: irretrievable breakdown of the marriage.
Fault-based:
The only fault-based ground is
mental incapacity for at least three years.
Mediation or Counseling:
If one spouse disputes that the marriage is completely broken, or if
there are minor children involved, then the court may delay the
proceeding for up to three months, during which time the spouses
will be ordered to attend counseling, attempt reconciliation, or
attend mediation sessions.
Title of Divorce action:
Petition for dissolution of Marriage.
|
