 There are several basic requirements in order to get a divorce in the state of Florida.
- Residency
- "Irretrievably Broken Marriage"
- Financial Affidavits
- Children
Residency - In order to file for a divorce in Florida, at least one person in the marriage must have been a resident of the state of Florida for at least 6 months before the filing of the initial paperwork for the divorce. Residency can be established by several ways, either a Florida Driver's License issues more than six months before filing for divorce or by way of an affidavit of a corroborating witness. Top
"Irretrievably Broken” Marriage - Florida law requires that a marriage be "irretrievably broken" in order to obtain a divorce. Many people believe that if one person in the marriage is at "fault" then a divorce should occur. This is not true. Florida is a "no fault" state. No fault divorce is a marital termination proceeding where the divorce is granted without requiring either party to show fault. In no fault divorce, either party may obtain a divorce, even if the other spouse does not consent to the divorce. When is a marriage irretrievably broken? This occurs when one spouse believes that there is no way counseling would help the couple repair the marriage.
Another way to get a divorce is a much less utilized method, namely that one person in the marriage has been adjudged to be mentally incapacitated for at least three years.
What if one spouse doesn't agree with the other that the marriage is irretrievably broken? In that case, the divorce court may order the couple of counseling in order to enable them to reconcile. A court will usually order this where at least one spouse does not want the divorce and there are minor children involved. Top
Financial Affidavits - In any proceeding for a divorce (dissolution of marriage), it is required that both spouses completed and notarize a family law financial affidavit. There are two types of affidavits: the short form and the long form. The form that must be completed depends on your annual income. Our firm will help you with this process.
Children - If there are minor children from the marriage, the court will require that both parties complete a course that teaches you how to act like an adult for the benefit of your kids. You may not think that you need this course, but we have found that it teaches adults very important lessons about minor children that may not be so obvious. |
