In the state of Florida when separating from your spouse, it is required for the parting to have a grounds for divorce. Grounds for divorce is a legitimate and legal reason for separation. In Florida, there are two grounds on which you can receive a divorce: mental incapacity of one of the parties and irretrievable breakdown of the marriage also known as “dissolution of marriage”.
While a mental incapacity of one of the parties is a rare grounds for divorce, it does occur. With this reason for divorce, the separation will only be granted if the party in question has been judged with a mental incapacity for at least three years.
A “dissolution of marriage” in Florida is considered a no-fault divorce meaning that the spouses only need to inform a court that the marriage is irretrievably broken (also known in other states as irreconcilable differences). Also in the state of Florida, it is important to note that state residency for at least 6 months is required in order to obtain a divorce. Only one spouse needs to prove the residency. If none of the spouses qualify with this residency, than a legal separation would be granted instead of divorce.
The process for a dissolution of marriage normally starts with a petition from one party or spouse, stating that the marriage is irretrievably broken and what the petitioner would like for the court to handle. The other party will reply with an Answer replying to the petition. Best case scenario, both spouses will agree on basic divorce issues such as separation of property, child custody and support, and even spousal support, making the process simple by having both parties submit a written agreement to the court. If, in the written agreement, both parties agree on all terms the divorce may be granted within a few weeks. However, if not all terms are in agreement, the divorce may be forced to end in a trial.
There is also a simplified dissolution of marriage available if both parties can meet such requirements as they have no minor or dependent children, the wife if not pregnant, agree to division of all assets and obligations, just to name a few.
Just like marriage, divorce is a major step for one to take. It can be a very difficult, stressful and emotional time for anyone. However, you do not have to go through it alone. The Orlando family law attorneys at Ali & Blankner are ready to help settle your divorce and peace of mind.