Chapter 61 of the Florida Statutes contains all of the divorce requirements and outlines how to file divorce in Florida. Florida divorce requirements are governed by Chapter 61 which establishes the divorce requirement rules unique to Florida family law which must be followed. In a nutshell, Florida Divorce can be summed up as follows:
- All that is required to obtain dissolution of marriage is that the marriage be "irretrievably broken." Either spouse can file for the dissolution of marriage. All that has to be proved is that a marriage exists, one party has been a Florida resident (residency requirement) for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. (There is another, little-used ground: the incompetence of one's spouse for at least three years preceding the petition for dissolution).
- You OR your spouse must have resided in Florida for six months prior to the filing of the petition for dissolution.
- You and your spouse must exchange financial affidavits without exception.
- For those with property and/or children, you and your spouse must enter into a Marital Settlement Agreement which resolves all issues concerning division of assets, debts, custody, visitation and support.
- One of the most difficult and complex areas of divorce in Florida divorce laws is the division of marital property and liabilities (debts). Marital property may include cars, houses, retirement benefits (pensions), business interests, cash, stocks, bonds, bank accounts, personal property, and other things of value. Liabilities include mortgages, car loans, credit card accounts, and other debts. Generally, any asset or liability acquired during the marriage is considered marital and subject to distribution and must be accounted for in your divorce paperwork.
For Divorce Requirements in Florida Including Residency, Financial Affidavits, Irretrievable Broke Marriage, Marital Settlemernt Agreement, Marital Property and More!
Divorce requirements are complex but must be followed in order for your Florida lawyer to properly file for your divorce in Florida.
- Mediation is a procedure to assist you and your spouse in working out an arrangement for reaching agreement without a protracted process or a trial. Its purpose is not to save a marriage, but to help divorcing couples reach a solution to their problems and arrive at agreeable terms for handling their dissolution. Many counties have mediation services available. Some counties, whether you reside in Orlando, FL, Jacksonville, FL or any other Florida city, require couples to attempt mediation (a settlement conference) before a trial can be set.
- You may go to divorce court yourself (without a divorce lawyer) to petition for an injunction to protect yourself against domestic violence (assault or battery by your spouse whether you are separated or not, or your former spouse), repeat violence, or sexual violence. If you feel you are the victim of such domestic violence, repeat violence, or sexual violence, you should contact the office of the family law clerk of the circuit court in your county or the local domestic violence shelter for information and assistance.
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