Grounds For Divorce In Florida
In many years prior, couples once needed to justify their divorce with a specific reason, to show fault in one of the parties – i.e. adultery – in order for a judge to grant the divorce. Now, spouses may request a divorce in Florida without a specific reason and, instead, state that the marriage is “irretrievably broken” or that the spouses have “irreconcilable differences”. These are the types of terms used when filing for divorce in a “no-fault” state. These terms do not lay blame on one spouse or the other as the cause for the divorce and enable couples to enter a divorce without having to air private or personal details of the failing marriage.
How To File For Divorce In Florida
Either spouse can initiate the process for a dissolution of marriage. In order to file for divorce in Florida, one of the spouses has to be a Florida resident. TO be considered a resident, you have to have lived in Florida for a minimum of six months before the divorce was initiated.
If the couple has recently moved to Florida, but neither spouse has met the residency requirements, they can attempt to file for divorce in the state they do have residency with or become legal separated until residency has been met.
You can file for divorce in Florida without an attorney if you submit the proper paperwork at the office of the court clerk and pay the required court filing fees. However, it is recommended to hire a divorce attorney in the city in which you plan to file. A divorce attorney can help you file the necessary paperwork, ensure it is filed properly and that the required fees have been paid. In addition, they provide legal advice and representation should your spouse choose to contest the divorce.
When the dissolution of marriage is submitted to the court, certain information is collected in the documentation that explains how marital funds and property will be separated as well as detailing child custody and support. If your spouse agrees to the conditions you set forth when filing, then the divorce is considered to be uncontested and can usually be settled in a matter of weeks. A divorce attorney helps with the filing of the proper paperwork in these types of divorce cases.
Divorce is usually not that simple and if your spouse disagrees with any part of the agreement, then the divorce is contested and requires both parties to go back and forth (and possible even end up at trial) until a final agreement is made. Hiring an attorney when your divorce is contested will greatly reduce the risk of your marital rights during the divorce proceedings.