a Florida Divorce
Chapter 61 of the Florida Statutes contains all of the requirements to getting divorced in Florida.
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a Florida Divorce
Chapter 61 of the Florida Statutes contains all of the requirements to getting divorced in Florida.
Florida Divorces are governed by Chapter 61 which establishes the 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 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 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 is the division of marital assets 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.
- 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 require couples to attempt mediation before a trial can be set.
- You may go to court yourself (without an attorney) 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 clerk of the circuit court in your county or the local domestic violence shelter for information and assistance.