A divorce in Florida is a lawsuit that starts with the filing of a Petition for Dissolution of Marriage in the circuit court. The type of petition one files will depend upon circumstances such as whether or not the divorcing couple has minor children or own property together.
The person filing for divorce is known as the petitioner, and he or she must in most cases serve a summons on the other party (the respondent), notifying him or her of the pending divorce case. Florida's procedural rules also provide for instances in which the respondent cannot be located. After being served with the petition and the summons, the respondent has 20 days to file an answer admitting or denying the allegations in the petition.
Grounds for Divorce in Florida
Florida is a no-fault divorce state, which means that the petitioner does not have to prove the respondent did something wrong in order to be granted a divorce. The only two grounds for divorce in Florida are:
- That the marriage is irretrievably broken.
- That one of the parties has been mentally incapacitated for at least three years.
Residency Requirements for Getting Divorced in Florida
In order to get divorced in Florida, at least one party must meet the statutory residency requirement. Florida divorce law requires that at least one of the parties to the marriage must have resided in the state of Florida for at least six months prior to the filing of the divorce lawsuit. A divorce proceeding may be brought in Florida against someone living outside the state, but one party must reside in the state.
Types of Divorce Petitions
There are four basic types of divorce petitions that may be filed in a Florida divorce, depending on the circumstances of the case:
- Petition for Simplified Dissolution of Marriage.
- Petition for Dissolution of Marriage with Dependent or Minor Children.
- Petition for Dissolution of Marriage with Property but No Dependent or Minor Children.
- Petition for Dissolution of Marriage with No Dependent or Minor Children or Property.
Regardless of the type of petition filed, Florida divorce law requires that each party to the divorce must exchange certain information and documents and must file a Family Law Financial Affidavit. The affidavit discloses each party's monthly income and expenses and is used by the court in part to help determine an equitable distribution of marital assets and liabilities.
Florida Divorce Attorneys
The Florida Supreme Court has adopted family law forms and instructions to assist people who want to get divorced but do not want to hire an attorney. If someone wants a divorce lawyer to represent him or her for only a limited portion of the divorce, Florida divorce law allows a divorce attorney to make a limited appearance in the case. Those with complex and contested property and child custody issues should seek the advice of a divorce attorney.
Sources: Sections 61.021-61.061, Florida Statutes (2009); Florida Family Law Rules of Procedure
Additional Resources: How to Hire an Attorney, Florida Divorce Law: Who Gets Alimony?, Bridge-the-gap Alimony in Florida Divorce Law
Disclaimer: This article is in no way intended as legal advice. For questions related to specific legal issues, one should contact an attorney in one's local area.
Jessie Vanwinkle - Jessie Vanwinkle is an attorney in practice since 1998. View her full profile for more information.
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