FLORIDA DIVORCE (DISSOLUTION OF MARRIAGE)

The Florida Statutes use the term Dissolution of Marriage when referring to what is commonly known as a Divorce.

There is a historical and legal distinction between Divorce and Dissolution of Marriage, and if you want to read a short history of divorce, click here.

Getting a divorce in Florida is premised on a number of factors:

- a valid marriage must currently exist between the spouses; if not, it is possible that an annulment may be sought instead of a divorce.

- at least one of the spouses has resided in Florida for the six months prior to either spouse's filing for divorce (after the divorce procedure is started, either spouse can move out-of-state);

- the filing spouse has legitimate grounds for divorce. Florida is a purely "no-fault" divorce state, meaning that you can't allege your spouse's wrongdoing (such as infidelity or wreckless spending) as the cause of the divorce. Instead, the filing spouse needs only arrive at the conclusion that the marriage is "irretrievably broken," which basically means that the marriage cannot be saved; no other grounds for divorce are necessary.

Procedurally, two options are available to obtain a divorce in Florida: Simplified Dissolution of Marriage and regular Dissolution of Marriage, which can be further subdivided into Dissolution of Marriage with Dependent or Minor Child(ren) and Marital Property, Dissolution of Marriage with Marital Property but No Dependent or Minor Child(ren), and Dissolution of Marriage with No Marital Property or Dependent or Minor Child(ren).

You may file for a Simplified Dissolution of Marriage if all of the factors listed below apply to your case:

• You and your spouse agree that the marriage cannot be saved;
• You and your spouse 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 now pregnant;
• You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division;
• You are not seeking support (alimony) from your spouse, and vice versa;
• You are willing to give up your right to trial and appeal;
• You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together); and
• You and your spouse are both willing to go at the same time to the final hearing.