Florida divorce requirements
Divorce cases are handled in Florida’s Family Court division. These courts can only grant divorces in cases over which the local state courts have jurisdiction. First, at least one partner is required to have resided in Florida for at least six months. Next, the divorce must be based on one of two grounds: 1) the marriage is “irretrievably broken” or 2) one of the parties has been declared mentally incapacitated by a judge for at least three years prior to the other party filing for a divorce.
At Leanne L. Ohle, P.A., we focus on resolving a wide range of family law issues, many of which are related. We work diligently to help families resolve disputes that involve:
- divorce
- child custody
- child support
- paternity
In Florida, divorce is not based on fault. This means that either party can choose to legally end the union if there is no chance of reconciliation. The divorce must either be either handled between the two parties or litigated with the help of a divorce lawyer. The latter is usually necessary when issues like child custody, child support and the distribution of large assets – like property and cryptocurrency – are at play. A divorce attorney from our firm in Stuart is available to provide representation in any of these situations.
In Florida, there are two types of divorce: a “simplified dissolution of marriage,” also called a “simplified divorce,” and a regular dissolution of marriage. Simplified divorces can be handled without counsel, provided that all of the following criteria applies:
- the couple does not have minor children together
- the wife must not be pregnant at the time of filing
- both parties must complete a “Financial Affidavit” and a “Property Settlement Agreement”
- both parties must attend the final divorce hearing
For couples that meet the requirements, the simplified option may be appealing as it may seem to be the fastest way to dissolve the marriage. Consulting a lawyer prior to deciding to do a simplified divorce can help you ensure your interests are protected.