If you want to file for divorce in Florida, you must meet certain legal requirements. Understanding these prerequisites will help you move through the process more efficiently and ensure that you qualify to file in the state.
Residency requirements for divorce in Florida
Florida law requires that one spouse must have lived in the state for at least six months before filing for divorce. This establishes Florida’s jurisdiction over your case. If neither spouse meets this residency requirement, you’ll need to wait until one of you has lived in Florida for the required period.
Grounds for divorce in Florida
Florida operates under a “no-fault” divorce system, meaning neither spouse needs to prove fault to obtain a divorce. The most common ground for divorce is the “irretrievable breakdown of the marriage,” meaning the marriage cannot be fixed, and reconciliation isn’t possible. However, if one spouse is mentally incapacitated, this can also serve as grounds for divorce, but you must wait a certain period before filing.
Filing the divorce petition
To begin the process, the spouse filing for divorce (the petitioner) needs to complete a Petition for Dissolution of Marriage form. The petition will include details about the marriage, children, and any requests for child support, alimony, or property division. You must file this petition with the family court in the county where either spouse resides. Once filed, the other spouse will receive the divorce papers and can respond.
Waiting period in Florida
Florida law imposes a waiting period before finalizing a divorce. For couples without minor children, the waiting period is at least 20 days from filing. If children are involved, the waiting period extends to at least 90 days. During this time, both spouses work to resolve issues such as child custody, property division, and spousal support. If the couple cannot agree, the case will go to trial.
If you meet the residency requirement and grounds for divorce, the process should proceed fairly smoothly, but be prepared for the legal paperwork and timelines.
