Complete Guide to Filing for Divorce in the State of Florida
Life can be unpredictable, and sometimes people find themselves in the situation of having to file for divorce. If you find yourself in this situation, understanding the ins and outs is crucial to ensure that the divorce process goes smoothly. Dissolution of Marriage, as it is officially called, is the legal end of a marriage.
The divorce petition must be filed in the county where either spouse resides. However, if you are military personnel, you may file for divorce in the county where you are stationed, even if your spouse does not reside there. If you have minor children with your spouse, there are additional requirements that must be met in order to file for divorce.
Florida’s law requires that parents attend a parenting course before their divorce is final and is designed to help parents learn how to co-parent after their divorce.
Types of divorce in Florida
When a couple decides to divorce in Florida, they will need to choose between an uncontested and contested divorce. An uncontested divorce is when both parties agree on all aspects of the divorce, including the division of property and custody of any children. A contested divorce is when the parties hardly agree on any aspects of the divorce, such as child custody or division of property.
To file for an uncontested divorce in Florida, both parties must complete and sign a petition for dissolution of marriage. This means that the case will go to court, and a judge will make the final decisions about the terms of the divorce. Contested divorces can be costly and time-consuming, so couples should only consider this option if they are absolutely unable to reach an agreement themselves.
Eligibility to file for divorce in Florida
At least one of the partners should have been a resident of Florida for at least six months prior to filing for divorce. This residency requirement can be met by living in Florida full-time, or by maintaining a permanent home in the state, even if you live part of the year elsewhere. If you are not a resident of Florida, but your spouse is, you can still file for divorce in the state as long as your spouse meets the residency requirements.
You must also have grounds for divorce. This means that you must have a reason for wanting to end your marriage. In Florida, there are two grounds for divorce: no-fault and fault. No-fault divorce is the most common type of divorce, and it can be obtained by showing that the union is irretrievably broken. Fault divorce requires one spouse to prove that the other spouse did something wrong, such as committing adultery or abandoning the family.
It is always a good idea to seek legal counsel when considering divorce, even if you and your spouse agree with the terms of the divorce. A divorce lawyer at Travis Walker Law in Stuart, FL can help you understand the process since divorce laws vary from state to state. They will also help you ensure that you don’t make any mistakes that could impact the outcome of your divorce.
Conclusion
Not all marriages last forever, and sometimes couples need to go their separate ways. This guide provides an overview of what you need to do to file for divorce in Florida, including residency requirements, grounds for divorce, and what to expect during the process.
While going through a divorce can be difficult, having a clear understanding of the process can help make it a little easier.