What Is Required to Get a Divorce in Florida?


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Florida is a no-fault state, meaning that a divorce application does not require evidence of spousal misconduct, explains the Feldman & Schneiderman law firm. Applicants need only prove that their marriages are irretrievably broken, meaning that one or both parties believe that the relationship cannot continue in its current form.

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The only other ground in Florida for a divorce is mental incapacitation, notes Feldman & Schneiderman. This occurs where a spouse is incapacitated for at least three years, and no less than two psychiatrists attest to there being no cure or hope of recovery. In practice, this reason is rarely used, as individuals can simply cite marital breakdown in the same circumstances.

Additionally, at least one spouse must have lived in Florida for more than six months before applying for a divorce there, states HG.org. Applicants must file their Petition for Dissolution of Marriage with the circuit court responsible for their county and must notify their spouses of their applications. Unless a judge believes quicker action is necessary to prevent any injustice, applicants must normally wait at least 20 days before the court finalizes its judgment to allow the other spouse to respond.

Although spousal misconduct is not required for a divorce, individuals can cite cruelty, desertion and voluntary separation to apply for a legal separation, according to the Feldman & Schneiderman. Moreover, judges consider adultery and malfeasance when determining the alimony obligations of divorcees. Moreover, spousal violence can influence custody decisions.

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