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Requirements For Divorce


What are the requirements for a divorce in Florida?

Anyone can obtain a divorce in Florida as long as the requirements for a Florida divorce are met. Florida has very few requirements for a divorce. However, the Petitioner, the spouse seeking the divorce, must prove that these requirements have been met before a Florida court will grant a divorce.


Florida has a residency requirement in order to obtain a divorce. In other words, either spouse must have been a resident of the State of Florida for at least six months. Establishing residency is a relatively simple matter. It is often shown simply by providing a driver’s license to the court. Though less common, there are other ways to show to the court that the residency requirement has been met.


In addition to the residency requirement, in order to obtain a divorce in Florida, it must be shown that the marriage is irretrievably broken. This is shown to the court in several ways. The parties can agree that the marriage is irretrievably broken. In a case where one spouse claims that the marriage is not irretrievably broken, the judge might order that the parties attend counseling for a period of time in an attempt to save the marriage. This will delay the divorce but will not prevent it. At the end of the ordered counseling period, the petitioning spouse will be permitted to proceed with seeking a divorce if he or she so chooses.


Beginning a divorce proceeding in Florida is a complicated matter. It is important that you consult a Florida divorce attorney before you file for divorce.

CONTACT US today to schedule your CONFIDENTIAL consultation with one of our New Tampa Family Law Attorneys! Our offices are located in Tampa Palms and are convenient to New Tampa, Wesley Chapel, and the Greater Tampa Bay area

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