When you’re considering whether you should proceed with a divorce, it’s important to weigh your options and carefully consider the impacts of this process. However, you may be forgetting to take one important factor into consideration – if you meet the legal requirements to file for divorce. If you’re unsure if you’re eligible to pursue this process, you’ll want to keep reading.  In Florida, the primary requirement is that at least one party has lived in the state for six months, though you must also prove that the marriage is irretrievably broken or that one spouse has been declared mentally incapacitated. The following blog explores what you should know and the different kinds of divorce you can expect. You’ll also discover the importance of connecting with Tampa divorce lawyers to help guide you through these difficult matters.

Are There Legal Requirements for Divorce in Florida?

To meet the legal requirements for a divorce in Florida, you must meet the residency requirements and establish legally recognized grounds for dissolution. If you are considering divorce, it’s important to understand that you may be unable to go to the courthouse and file without ensuring you are eligible to do so. The first thing you must check is that you meet the residency requirements. In order to file for a divorce under Florida law, you or your spouse must have lived in the state as an official resident for at least six months prior to filing.

The only other requirement is that you must provide grounds for the dissolution of your marriage. Florida is a no-fault divorce state, meaning neither party has to prove wrongdoing by the other for a divorce to be granted. Instead, you’ll cite an irretrievable breakdown of the marriage, meaning your relationship is broken past the point of repair. It’s important to understand that you must be able to show the marriage is beyond repair.

It’s important to note that you may also choose to file on the grounds that your spouse has been declared mentally incapacitated by the courts for at least three years prior to filing.

Florida Residency Requirement

  • At least one spouse has lived in Florida for at least six months prior to filing
  • You can prove residency through:
    • A valid, state issued drivers license
    • Voter registration
    • Testimony from a third-party witness
  • Filing will occur in the county where either spouse primarily resides

Grounds for Divorce

  • Florida is a no-fault divorce state
  • The primary legal ground is
    • Irretrievable breakdown of marriage
  • Alternative ground:
    • One spouse has been deemed mentally incapacitated for at least three years prior to the filing
  • You are not required to provide proof of adultery, abuse, or misconduct

Are There Different Kinds of Divorces?

Once you meet the legal requirements to proceed with the divorce, it’s important to understand what you can expect. Typically, there are two primary kinds of divorce – uncontested and contested.

Uncontested Divorce in Florida

An uncontested divorce occurs when both parties can agree on all major decisions regarding the dissolution of the marriage, like alimony, child support, custody, and property distribution.

  • Both spouses can agree on:
  • Generally faster and less expensive
  • May be finalized in as little as six weeks
  • Requires minimal court intervention

Contested Divorce in Florida

However, if the parties cannot agree on one or more matters during a divorce, it is considered contested.

  • Dispute issues can involve:
    • Division of assets and debts
    • Child custody and visitation
    • Domestic support obligations, including alimony and child support
  • Court intervention is required to resolve disagreements
  • Court remedies may involve:
    • Mediation
    • Hearings
    • Trial proceedings
  • Typically takes a longer time to finalize due to prolonged legal

What Happens After You Meet Florida Divorce Requirements?

If you meet the legal requirements to file for a divorce in Florida, the process will move into the formal legal proceedings that determine how the dissolution of your marriage will proceed. As such, understanding how this process works is critical. These procedures are governed by Florida family law, which controls how these divorce cases are filed, processed, and finalized in the state.

Key Steps in the Florida Divorce Process

  • File a formal petition for Dissolution of Marriage in the county where you or your spouse resides
  • Serve the divorce papers to your spouse
  • Both parties must submit a full financial disclosure statement
  • Negotiations or mediation will proceed if the divorce is contested
  • The court will schedule a hearing, which both parties must attend and present evidence to support their claims
  • The final judgement will be ordered and implemented by the judge

Contact an Experienced Tampa Divorce Attorney Today

Getting divorced is an incredibly difficult matter, both legally and emotionally. That’s why working with an experienced attorney is in your best interest during these difficult times. At Tampa Law Group, we understand how complicated these issues are, which is why we are dedicated to helping you through these difficult times. Connect with our team today to learn how we can fight for you.