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Divorce is a significant and often challenging decision, both emotionally and legally. Understanding the grounds for divorce in Florida is crucial for anyone considering ending their marriage. At Orlando Family Team, we specialize in guiding you through this process with clarity and support.
Florida’s No-Fault Divorce System
Florida operates under a no-fault divorce system, which means you don’t need to prove any specific wrongdoing by your spouse to file for divorce. Instead, you must simply state that the marriage is “irretrievably broken.” This approach simplifies the divorce process and allows couples to separate without assigning blame, focusing instead on practical matters like child custody, property division, and alimony.
Legal Grounds for Divorce in Florida
In Florida, there are two legally recognized grounds for divorce:
- Irretrievable Breakdown of the Marriage. The most common reason for divorce, this ground means that the marriage cannot be repaired. No specific fault or wrongdoing needs to be demonstrated, making it easier for couples to proceed with the divorce amicably.
Mental Incapacity of a Spouse. If one spouse has been mentally incapacitated for at least three years before filing for divorce, this can serve as grounds for divorce. Proper medical documentation is required to support this claim, making it less frequently used.
Filing for Divorce in Florida
Here are the basic steps for filing for divorce in Florida:
Residency Requirements
At least one spouse must have lived in Florida for six months before filing for divorce. This residency requirement ensures that the Florida courts have jurisdiction over the case.
File the Petition
The divorce process starts by filing a “Petition for Dissolution of Marriage” with the local county court. This document outlines the grounds for divorce and any specific requests, such as child custody or spousal support.
Serve the Petition
The petition must be served to the other spouse, providing them with legal notice of the divorce proceedings. This can be done through a process server or sheriff.
Respond to the Petition
The spouse receiving the divorce papers has 20 days to respond. They can agree to the terms, contest the divorce, or file a counter-petition outlining their own requests.
Mediation and Negotiation
Florida courts often require mediation to encourage amicable settlements. This step involves negotiating issues like property division, alimony, and child custody to reach a mutual agreement.
Court Hearing
If mediation fails, the case proceeds to a court hearing. A judge will then make decisions on contested issues and issue a divorce decree.
Factors Influencing Divorce Outcomes
Even though Florida is a no-fault state, several factors can influence the outcome of divorce proceedings:
- Equitable Distribution: Florida follows the principle of equitable distribution, meaning marital assets and debts are divided fairly, though not always equally. Factors such as each spouse’s contribution to the marriage and economic circumstances may be considered.
Alimony: Spousal support is determined based on the financial needs of one spouse and the other’s ability to pay. The length of the marriage and each spouse’s financial situation are also considered.
Child Custody and Support: Custody decisions are guided by the child’s best interests, considering each parent’s ability to provide for the child and any history of domestic violence.
The Attorneys at Orlando Family Team Help Those in Florida Who Are Considering Divorce
Divorce is a life-changing decision, and understanding the legal grounds in Florida is essential for making informed choices. An experienced divorce attorney can help you understand your rights, guide you through each step, and advocate for your interests. At Orlando Family Team, our attorneys specialize in family law and are committed to providing effective and compassionate representation. Contact us today to learn more.
