Grounds for Divorce in Florida
No-Fault Divorce: Does
Adultery Matter in a Florida Divorce?
No-Fault Divorce - Florida
Family Law
Divorce in Florida -
From the Florida Bar
There are three principal players involved in your marriage that will also be involved in your divorce: you, your spouse, and the state. You cannot simply break up, saddle your charger, and ride off into the sunset. Among other legal considerations, you have to give the state an acceptable reason why you should be allowed to break up. The reason is known as the ground for your divorce. Over the years each state has enacted legislation that governs acceptable grounds.
There are different grounds for a divorce, separation, and annulment.
There are two (2) grounds for divorce in Florida:
- the marriage
is irretrievably broken;
- mental
incapacity of one of the parties for a period of three years;
From Florida Statute Chapter
61.052, Dissolution of Marriage:
If there is no minor child of the
marriage and if the responding party does not, by answer to the petition for
dissolution, deny that the marriage is irretrievably broken, the court shall
enter a judgment of dissolution of the marriage if the court finds that the
marriage is irretrievably broken;
When there is a minor child of the marriage,
or when the responding party denies by answer to the petition for dissolution
that the marriage is irretrievably broken, the court may;
1. Order either or both parties to consult with a marriage counselor,
psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed
qualified by the court and acceptable to the party or parties ordered to seek
consultation; or
2. Continue the proceedings for a reasonable length of time not to exceed 3
months, to enable the parties themselves to effect a reconciliation; or
3. Take such other action as may be in the best interest of the parties and the
minor child of the marriage.
If, at any time, the court finds that the
marriage is irretrievably broken, the court shall enter a judgment of
dissolution of the marriage. If the court finds that the marriage is not
irretrievably broken, it shall deny the petition for dissolution of marriage.
(3) During any period of continuance, the court
may make appropriate orders for the support and alimony of the parties; the
primary residence, custody, rotating custody, visitation, support, maintenance,
and education of the minor child of the marriage; attorney's fees; and the
preservation of the property of the parties.
(4) A judgment of dissolution of marriage shall
result in each spouse having the status of being single and unmarried. No
judgment of dissolution of marriage renders the child of the marriage a child
born out of wedlock.
(5) The court may enforce an
ante-nuptial
agreement to arbitrate a dispute in accordance with the law and tradition chosen
by the parties.
(6) Any injunction for protection against
domestic violence arising out of the dissolution of marriage proceeding shall be
issued as a separate order in compliance with chapter 741 and shall not be
included in the judgment of dissolution of marriage.
(7) In the initial pleading for a dissolution of
marriage as a separate attachment to the pleading, each party is required to
provide his or her social security number and the full names and social security
numbers of each of the minor children of the marriage.
(8) Pursuant to the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, each party is
required to provide his or her social security number in accordance with this
section. Each party is also required to provide the full name, date of birth,
and social security number for each minor child of the marriage. Disclosure of
social security numbers obtained through this requirement shall be limited to
the purpose of administration of the Title IV-D program for child support
enforcement.
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