These
laws are the property of Florida. This is not to be
construed as legal advice.
Residency
Requirements:
One
of the spouses must have been a resident for 6 months
prior to filing for dissolution of marriage. The dissolution
of marriage should be filed in either: (1) the county
where the defendant resides or (2) the county where
the spouses last lived together prior to separating.
[Florida Case Law and Florida Statutes Annotated;
Chapter 61.021].
Grounds:
No-Fault: Irretrievable breakdown
of the marriage. [Florida Statutes Annotated; Chapter
61.052].
General: Mental incapacity
for at least 3 years. [Florida Statutes Annotated;
Chapter 61.052].
Legal
Separation:
A spouse may file for separate
maintenance and child support. [Florida Statutes Annotated;
Chapter 61.09].
Simplified Divorce
Florida has a procedure for
a Simplified Dissolution of Marriage. In order to
qualify to use this procedure, the spouses must certify
that: (1) there are no minor or dependent children
of the spouses and the wife is not pregnant; (2) the
spouses have made a satisfactory division of their
property and have agreed as to payment of their joint
obligations; (3) that 1 of the spouses has been a
resident of Florida for 6 months immediately prior
to filing for dissolution of marriage; and (4) that
their marriage is irretrievably broken. The spouses
must appear in court to testify as to these items
and file a Certificate of a Corroborating Witness
as to the residency requirement. Each must also attach
a financial affidavit to the Simplified Dissolution
Petition. Specific forms and an instruction brochure
are available from the Clerk of any Circuit Court.
In addition, sample forms for various aspects of a
standard dissolution of marriage are available in
the Florida Family Law Rules of Procedure. Financial
disclosures are now mandatory in Florida. [Florida
Family Law Rules of Procedure Appendix 1; Rules 12.105
and 12.285 and Family Law Forms 12.900+].
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