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The Basics of a Florida Divorce

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Divorce can be a stressful, confusing, and emotional experience for you and your family. If you are considering filing for divorce in Florida, there are some basic requirements that you should be aware of before filing your petition with the court. At the law office of Steve W. Marsee in Orlando, we are here to provide you with the basics of divorce in Florida so you can make an informed decision about whether this option is right for you. Call the office or contact us today to schedule a consultation with a skilled Orlando divorce attorney to learn more about your legal options.

Grounds for Divorce

Florida is considered a no-fault state, which means that you do not have to list a specific ground for divorce, such as adultery or cruelty. A person filing for divorce may simply state that the marriage is irretrievably broken and that there is no chance of reconciliation. The only other option for filing grounds is to claim that your spouse is mentally incapacitated. In order to list this as a ground for divorce in Florida, you must show the court that your spouse has been legally deemed mentally incapacitated for at least three years prior to the divorce.

Residency Requirements and Waiting Periods

In order to file for divorce in Florida, at least one spouse must live in the state for at least six months prior to the filing. The petition for divorce must be filed in the county where either you or your spouse lives. In most cases, it takes a minimum of twenty days for a divorce to be finalized, but if a person can show the court that waiting that long is unjust the court can expedite the process. However, if the filing is contentious and litigious, it can take much longer for a divorce to become finalized between spouses.

Types of Divorce

There are two types of divorce that a person can file for in Florida – simplified and regular. A couple can file for a simplified divorce and skip the majority of court appearances and filings if all of the following requirements are met:

  • Both spouses agree to a simplified divorce
  • There are no minor children or pregnancy
  • Residency requirements are met
  • Both spouses agree how to divide marital property
  • Neither spouse is seeking alimony
  • Both spouses agree the marriage is irretrievably broken

If even one of those requirements is not met, the spouses must file a regular divorce in Florida. This includes filing the petition, waiting the twenty days for a response, and litigating any outstanding issues in the divorce, such as alimony, child custody, child support, and the distribution of property.

Call or Contact Our Office Today

If you are considering filing for divorce in Florida, speak with an experienced divorce attorney in Orlando about your case. Call the office or contact us today at the law office of Steve W. Marsee today to schedule a consultation of your case with an experienced Florida divorce attorney.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html

https://www.marseelaw.com/your-rights-against-the-dissipation-of-marital-assets/

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