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Who Can Get Divorced in Florida?

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Considering getting divorced in Florida? If so, read on to learn about the various eligibility requirements that are used to determine who can legally get divorced in Florida. Next, contact a local Boca Raton divorce attorney to review your legal options and discuss your next step.

The Residency Requirement 

Here in Florida we have a residency requirement which states that a divorce (commonly referred to as a “dissolution of marriage”) can only be granted in Florida if at least one of the divorcing spouses has lived in the state for the six months prior to the date on which their petition for dissolution of marriage was filed.

Grounds for Divorce 

In addition to fulfilling the six month residency requirement described above, a couple can only get divorced in Florida if at least one of the following two permissible grounds for divorce exists:

  1. The marriage is irretrievably broken, or
  2. One spouse is mentally incapacitated (and has been for at least the past three years).

If a petition for dissolution of marriage in Florida claims that the marriage at issue is “irretrievably broken” the petitioning spouse is saying that they and their spouse simply can’t get along, that their marriage isn’t working, and that it is permanently broken. When this is the cited ground for divorce neither spouse is specifically being blamed for the breakdown of the marriage, therefore this type of dissolution of marriage is commonly referred to as a “no-fault divorce”.

On the other hand, if one spouse’s mental incapacity is cited as the basis for the divorce then, in the eyes of the law, that spouse is thought to be at-fault for causing the breakdown of the marriage. However, in order for the mental incapacity of one spouse to be a valid grounds for divorce under Florida law that spouse must have been adjudicated incapacitated for a preceding period of at least three years.

To learn more about the permissible grounds for divorce in Florida check out code section 61.052 of the Florida Statutes.

The Waiting Period 

In Florida we also have a 20 day waiting period requirement that must be fulfilled before a couple can dissolve their marriage in our state. This period exists in order to help prevent couples from obtaining a quick divorce in the heat of the moment without taking time to first think through this major life decision. This waiting period starts when the couple’s petition for dissolution of marriage is filed and ends 20 days later, however it should be noted that in most cases it will take much longer than 20 days to complete the entire divorce process. 

Need Legal Advice? Contact a Local Boca Raton Divorce Attorney 

Although divorces are commonplace nowadays actually obtaining one is often not an easy feat. What’s more, it is critical that your legal rights and your financial future are protected every step of the way. The best way to do this is to retain an experienced local divorce attorney, such as attorney David L. Hirschberg, who has years of practice successfully obtaining favorable divorce settlements for their clients. Here at the Law Offices of David L. Hirschberg, P.A. we assist clients throughout Florida in a wide-range of family law matters and have a stellar history of representing high-net-worth clients. To find out what we can do for you contact our Boca Raton office today at (561) 288-8620.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.052.html

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