Divorce and Consent in Florida

Under Florida law, if you want to get a divorce, you must file for a dissolution of marriage.  Because Florida is a “no-fault” divorce state, spouses who file for dissolution of marriage do not need to prove that it was the other spouse’s fault for the separation.  This means that generally, a petitioning spouse does not have to blame the other spouse for the divorce; however, there are a few requirements to obtain get a dissolution of marriage.

Residency

In order to get a dissolution of marriage, one of the spouses must reside in Florida for at least six month before filing the petition.

Irretrievably Broken

Although Florida is a “no-fault” state, spouses need to show that the marriage is irretrievably broken.  In less technical terms, this means that you and your spouse simply do not get along and that your marriage is no longer working.  in Florida, regardless of the reason for divorce, either spouse can petition for dissolution of marriage without consent of the other spouse.

Regular vs. Simplified Divorce

There are two avenues for obtaining a dissolution of marriage in Florida.  A regular divorce involves a hearing and normal trial proceedings.  This means that the hearing is subject to the rules of evidence and procedure and proceeds as a normal trial.  A simplified divorce does not involve a hearing, but does require both spouses to agree to the simplified divorce process.  To get a simplified divorce, both spouses must agree that the marriage is irretrievably broken.  Similarly, both spouses must agree on the division of property and other assets as well as forgo alimony. If one spouse is pregnant or if both spouses have dependent children, then both spouses cannot file for a simplified divorce.  Both spouses must then go through the regular divorce proceeding.

Important Issues with Divorce

In both types of dissolution of marriage, spouse will need to decide about the division of assets and debt.  Spouses can either agree on these issues, or let the court settle the issues.  Common issues involved in the dissolution of marriage include:

If you have questions about petitioning for a dissolution of marriage please contact us.  Our experienced attorneys can help relieve some of the stress from your divorce by counseling you on complex matters such as division of assets and child custody.

 

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