Divorce in Florida

DIVORCE TYPE PROCEEDINGS IN THE STATE OF FLORIDA

TYPES OF DIVORCES IN STATE OF FLORIDA

  • Simplified Dissolution of Marriage
  •  Dissolution of Marriage (Regular)
    • Uncontested Divorce
    • Contested Divorce

DIVORCE TYPE PROCEEDINGS IN STATE OF FLORIDA

Florida State is a NO-FAULT state, with only two grounds/basis for getting a divorce:

  1. Marriage is irretrievably broken (a marriage that has disintegrated/broken beyond repair)  or
  2. Mental Incapacity 

(The mental incapacity of one of the parties must be of at least a three year duration period.)

Reasons such as adultery, violence and wasting money are not grounds for divorce in Florida, although it may have an influence and affect other issues in the divorce such as Equitable Distribution, Spousal Support (“Alimony”), Parenting Plan, Time-Sharing (“child custody”).

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Requirements for ALL TYPES of Divorces

  1. 1
    MARRIAGE:  The parties must be married at the time of filing for Divorce
  2. 2
    RESIDENCY:  At least one spouse has resided in the state of Florida for at least six months prior to filing for divorce or the county where the spouses last lived together prior to their separation.
  3. 3
    LEGAL GROUNDS:  The marriage of the parties is “irretrievably broken” (meaning that neither the Judge or anyone else can fix the marriage) or mental incapacity.
  4. 4
    PARENTING COURSE:  If the divorce involves minor children, both parents are required to focus on best interests of their children during the divorce process.  To promote this, Florida requires both parents to attend a parenting course.  This course better prepares parents and helps them understand and give insight to how minor children deal with the difficult process of divorce, before and after.

Both types of Divorces must be filed in and are handled by the Circuit Court division of the County you reside in.  


South Florida Counties:

Broward, Palm Beach Miami-Dade

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