UNDERSTANDING THE LEGAL PROCESS OF DIVORCE IN FLORIDA

The official term for divorce in Florida is “dissolution of marriage."

Florida is one of the many states that has abolished fault as a ground for divorce. The only requirement to dissolve your marriage is to prove that your marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage. The requirements for filing a divorce is proof that a marriage exists, one party has been a Florida resident for six months immediately preceding filing the petition, and the marriage is irretrievably broken. Fault, however, may be under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility.

Each divorce case is unique and, therefore, results vary from case to case. In each case, the issues are different, which can include the division of property and possessions, responsibility for support, and parental responsibility and time-sharing with children. 

The divorce process can be highly emotional and traumatic for the parties and the children. Marriage partners rarely know their legal rights and obligations. Court clerks and judges are prohibited from giving you legal advice. Only your lawyer can provide legal advice. Statutory requirements and court rules must be strictly followed or you may lose certain rights permanently. If you have legal questions about your rights speak to an attorney. Discuss your rights in a divorce, your children’s rights, your property rights, and your responsibilities resulting from the marriage with a knowledgeable lawyer. Only a knowledgeable lawyer can analyze your unique situation and help you decide in your best interest and that of your family.

There are two ways of getting a divorce, or dissolution, in Florida. The usual way is called a “Dissolution of Marriage.” The second method is the “Simplified Dissolution of Marriage.”

The best way to find out about your legal rights and the legal process of divorce and the impact of marital misconduct is to consult with an attorney of your choice or contact us at 800-375-2942 for a free office consultation.

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