To obtain a Dissolution of Marriage in the State of Florida, at least one of the partners must have been a resident of Florida for a minimum of six months prior to filing. There are two types of Dissolution of Marriage cases: Regular and Simplified. When you file dissolution, it becomes public record and the information is available to the general public.
Florida is a no-fault state when it comes to divorce. This means that the parties do not have to give specific or detailed reasons as to why they are seeking a divorce. Florida law states that the marriage must be irretrievably broken. The parties can agree that the marriage is irretrievably broken or one party can maintain that the marriage is not irretrievably broken. In the latter case, the Court may order marriage counseling for a period of up to three months.
A spouse may also file for divorce by showing that the other spouse was mentally incapacitated for a period of at least three years before the petition for divorce was filed. In this case, the burden of proof will fall on the spouse making the incapacitation assertion that will generally have to be proven will reliable and substantial evidence.The interested party(s), may begin a divorce case by filing a petition for dissolution of marriage in the local circuit clerk of court with proper jurisdiction.
Once the document is filed, a summons will attach and be served on the other party. The other spouse will then have twenty (20) days to answer the petition of will face the possibility of a default action them. Usually legal questions legally called “interrogatories” are served on either side. Similarly, request for documents and things are served on either side in the form of a request for production. These two items comprise part of the normal discovery process available for divorce.
Faga Law can assist you with all of the complexities that may occur when the decision to divorce has been made. We will help you in making the right decisions for you and your particular situation involving your case.