Quick Answer: What are legal grounds for divorce in Florida?

There are only two grounds for divorce in Florida: irretrievable breakdown of the marriage and mental incapacity of one of the parties (Florida Statutes Section 61.052).

What is a spouse entitled to in a divorce in Florida?

Alimony in Florida

During a Florida divorce, the court may grant either permanent or rehabilitative (temporary and for a fixed period) alimony to either spouse. Payments may be made monthly, in a lump sum, or a combination of both.

What are the requirements for divorce in Florida?

At least one of the parties has lived in Florida for the past six months. The parties have agreed on the division of all of their property (assets) and obligations (debts). Neither party is seeking alimony. Both parties agree that the marriage is irretrievably broken.

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How many years do you have to be separated to be legally divorced in Florida?

There is no mandatory separation period in Florida. As long as one spouse resides in Florida for more than 6 months, the court has jurisdiction and you can obtain a dissolution of marriage.

Do you have to have a reason for divorce in Florida?

Florida is a no-fault divorce state, which means that you don’t need to explain why your marriage ended. On the contrary, to file for dissolution of your marriage—or divorce—you only need to state that your marriage is irretrievably broken, and there’s no chance that either of you can repair it.

What qualifies you for alimony in FL?

Qualifying for Alimony in Florida

  • the standard of living established during the marriage.
  • the length of the marriage (seven or fewer years is short-term, severn-17 years is moderate-term, and 17 or more years is long-term)
  • each spouse’s age and physical and emotional health.

Can you get divorce in Florida without going to court?

Any divorce petition filed in Florida must be filed in the county where one of the parties lives. … If all agreements can be reached, you may not have to go to court and the divorce can proceed to the final hearing.

Who gets the house in a Florida divorce?

Florida operates under the laws of “equitable distribution,” which essentially means property acquired during the marriage belongs to the spouse who earned it, and during a divorce all assets and liabilities are to be divided between the spouses in a fair and equitable manner.

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Where do I file for divorce in FL?

Filing Your Forms

Filing for divorce means you have given your petition for dissolution of marriage to the clerk’s office of the circuit court for the county where you are filing. If you’re unsure where to file, a list of Florida’s circuit courts is available on the state website.

How can I get a quick divorce in Florida?

Florida divorce law provides a process called a ‘Simplified Dissolution of Marriage. ‘ Couples can use this to get a quick divorce, about 30 days from filing to finalization, as long as they have complete agreement on the terms of the divorce and it’s uncontested.

How can I get a divorce in Florida with no money?

How to File for Divorce for Free in Florida

  1. Determine whether you qualify to file for and obtain a divorce in Florida. …
  2. Complete and file a petition for dissolution. …
  3. File an application to have your fees waived. …
  4. Attend all required court hearings.

Is Florida a 50 50 state when it comes to divorce?

Is Florida a 50/50 Divorce State? Florida operates as an equitable distribution state. Under this approach, marital assets are divided equitably. … Instead, assets are split in a fair manner, which means that divorcing couples may or may not split their assets 50/50.

How much does the average divorce cost in Florida?

The average cost of divorce in Florida is $13,500 without children or $20,300 with children, according to USA Today.

What happens if one spouse doesn’t want a divorce in Florida?

If your spouse refuses to sign the final divorce papers, the judge may grant you the option of proceeding as if the divorce is uncontested. Otherwise, you can petition the court to enter a default judgment against the other spouse for willfully failing to respond to the divorce complaint.

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Does Florida require counseling before divorce?

Under Florida law, completion of marriage and/or family counseling is not a statutory requirement for divorce—meaning many couples can and do get separated without ever going through any type of professional counseling. That is not to say that counseling is a bad idea.

Do both parties have to sign divorce papers in Florida?

The good news is that in Florida, you can still get a divorce even if the other party will not sign the divorce papers. Because Florida is a “no-fault” state, you don’t have to prove that one spouse or the other was at fault in the divorce. Instead, you just have to state that the marriage is irretrievably broken.

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