Legal Question in Family Law in Florida

Residency Requirements and Grounds for Divorce

Residency Requirements and Grounds for Divorce

Either you or your spouse must be a resident of Florida or a member of any armed force stationed in Florida to file for a divorce, called a "dissolution."

Either spouse can get a divorce simply by stating in divorce papers that irreconcilable differences have caused a breakdown in the marriage. If both spouses are in agreement that there should be a divorce, they can agree in writing (called a "stipulation") that the marriage can be ended.

If there is a minor child involved, or if one of the parties denies that the marriage is irretrievably broken, the court can order the parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi or other person, and continue counseling for not longer than three months.

The legal divorce process begins when one of the spouses files a "Petition for Dissolution of Marriage" with the Family Department of the local Circuit Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing, usually some time in the future.

After the Petition for Dissolution has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.