No-Fault Divorce is the Law in Florida
Florida is a no-fault divorce state, meaning that the only reason required for filing for divorce is that the marriage relationship is over, cannot be repaired, and in other words, is “irretrievably broken.” In addition, if a spouse has been mentally incapacitated for three years or longer, that is also grounds for filing for divorce. However, if either you or your spouse objects and denies that the marriage is beyond repair, it is possible for the court to order professional counseling for up to three months before
Either spouse can file for the dissolution of marriage. When doing so, it must be proved that a marriage exists and that one of the parties has been a Florida resident for six months immediately preceding the filing of the petition. If one of the spouses is a member of the military stationed in Florida, that party would still qualify to file under Florida law. The divorce filing must be made in the county where either of the two parties to the divorce resides.
Petition for the Dissolution of Marriage
A Florida divorce legally begins when either spouse files a form called the Petition for the Dissolution of Marriage with the Family Department of the local circuit court. The court serves the other spouse with the paperwork and gives him or her time to respond to the petition. The spouse who files the form is named as “the petitioner,” and the other spouse is the named as “the respondent.”
If both you and your spouse agree on how to divide responsibilities for the children, assets, and liabilities, then the divorce can be finalized without a trial. Otherwise, the court will assign a time for a hearing.
Spousal Misconduct Can Influence the Outcome
The reason for a marriage breakdown may be considered under certain limited circumstances and the outcomes with regard to child support, parenting plan, spousal support, and division of assets can vary from case to case. Though fault isn’t needed to obtain a divorce in Florida, the court will consider misconduct such as adultery and abusive behavior by either spouse when dividing property and determining alimony payments.
Each case is always considered unique based upon the parties involved and the circumstances. Therefore, if you are considering dissolution of your marriage, we recommend obtaining the services of In Law We Trust, P.A. as we are the specialists in representing men in Florida divorce proceedings. Our skilled lawyers will analyze your unique situation and help you make the best decisions regarding your best interests and the best interests of your children.
Call The Family Law Experts Men Trust (813) 415-3510
In Law We Trust, P.A. is a premier firm of divorce lawyers representing men in family law proceedings. We are uniquely positioned to assist our clients with the challenges men face in Florida’s court system. Call us today and get the proper representation men need and deserve.