Divorce Guide

Divorce Guide

Florida Divorce Cases

Dissolution is the official word for divorce in Florida. Florida is one of the many states that determines fault as a ground for divorce. Florida divorce cases deal with all the relevant issues that come up during divorce proceedings. Either spouse can file for a divorce in the state. Fault, however, could be considered under certain circumstances in the award of alimony and while determining custody issues.

Divorce is highly emotional and traumatic for all. The couples often are not aware of their legal rights and obligations. One must strictly follow the court procedures or else may lose certain rights forever. It’s good to consult a lawyer regarding legal questions, rights in a divorce, children’s rights, property rights etc.

To obtain divorce in Florida, at least one spouse must have been a resident of Florida for six months or more before filing for divorce. There are two ways of getting a divorce in Florida. One is a “Regular Dissolution of Marriage” and the other method is a “Simplified Dissolution of Marriage”.

Regular Dissolution of Marriage

This process begins when any one of the spouse files the petition for dissolution of their marriage in the circuit court. It reads that the marriage is irretrievably broken and explains what the person expects from the court. The other partner should file an answer within 20 days, which includes the matters within the initial petition on which the parties agree or disagree.

There are some couples who agree on property settlements, child custody and other post-divorce arrangements before or immediately after the original petition is filed. After that a written agreement is signed by both parties. A divorce is finalized after a few weeks, in such an uncontested case.

Simplified Dissolution of Marriage

In Florida divorce cases there is a simplified divorce procedure where certain Florida couples are eligible to dissolve their marriage. These dissolutions were designed so that the services of a lawyer would not be necessary. Both the spouses are however, responsible, for filing all necessary documents correctly and both are required to appear before a judge together when the final dissolution is granted.

This process is designed for couples who have no dependent children and no disputed property. The couple can use the simplified dissolution of marriage only if:

  • Both agree to this form of dissolution proceeding
  • There are no minor or dependent children
  • They don’t have adopted children under the age of 18
  • Wife is not pregnant
  • At least one of the spouses have resided in Florida for the past six months
  • Both of them have agreed on division of property and debts etc

If the couple prefers to use the simplified form of dissolution after agreeing on dissolution, then they should contact the clerk of the circuit court.

These are the two major processes of divorce that are in use as per Florida divorce cases. These points will definitely help one to make his/her divorce procedure easier if he/she is a Florida resident.

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