obtain a divorce in Florida, there are several requirements that must be met. These requirements include
Residency Requirement
Either you or your spouse must have been a resident of Florida for at least six months prior to filing for divorce. If both parties are not Florida residents, then the divorce can only be filed if the marriage was performed in Florida and at least one party has been a resident for the past six months.
Filing the Petition
The first step in obtaining a divorce in Florida is to file a Petition for Dissolution of Marriage with the circuit court in the county where either you or your spouse resides. The petition must state the grounds for divorce, which can be either a no-fault ground (irreconcilable differences) or a fault ground (such as adultery, cruelty, or abandonment).
Serving the Petition
After filing the petition, you must serve a copy of it to your spouse. This can be done through personal service by a process server or sheriff, or by certified mail with a return receipt requested. Proof of service must be filed with the court.
Waiting Period
Florida has a mandatory waiting period of 20 days from the date of filing the petition until the divorce can be finalized. However, this waiting period may be waived in certain circumstances, such as in cases of domestic violence.
Financial Disclosure
Both parties are required to complete and exchange financial affidavits, which provide a detailed overview of their income, expenses, assets, and debts. This information is crucial for determining issues related to alimony, child support, and property division.
Parenting Course
If there are minor children involved, both parties must complete a parenting course approved by the Florida Department of Children and Families. This course helps parents understand the impact of divorce on children and provides guidance on co-parenting effectively.
Negotiation and Settlement
Parties are encouraged to negotiate and reach a settlement agreement on issues such as child custody, visitation, child support, alimony, and property division. If an agreement is reached, it must be submitted to the court for approval.
Finalizing the Divorce
Once all issues are resolved, either through negotiation or court decision, a final judgment of dissolution of marriage is prepared and submitted to the court for approval. The court will review the judgment and, if satisfied, issue a final decree of divorce, officially ending the marriage.