Divorce – Dissolution in Florida

In Florida, the court system refers to a divorce as dissolution of marriage. In order to file for divorce in Florida, it is necessary to meet residency requirements. One, or both, of the spouses must have been a Florida resident for no less than 6 months prior to filing for dissolution in the state of Florida. If neither spouse meets this requirement, the filing spouse must either wait until the residency requirement has been met, or file in another jurisdiction. The petitioner will provide a driver license or other form of identification that confirms the six-month threshold. There are instances at final hearing where a petitioner shows up with a driver license issued only very recently. That identification, standing alone, will not suffice to establish the six-month requirement. Unless a corroborating witness is available at the time of the hearing, this oversight could delay the process.

Once residency requirements have been met, the filing spouse must file dissolution papers in either their county of residence or the county where their spouse is residing. Florida no longer observes rules for fault divorce. The pleadings in all dissolution actions should reflect that the marriage has been irretrievably broken, or there is mental incompetence of one spouse. (Note: Fault is considered when looking at time-sharing and children issues, division of property, and alimony or spousal support. But fault is a non-factor for the actual order of divorce).

Once the dissolution action has been filed, it must be served upon the non-filing spouse by a professional process server or the County Sheriff. A filing spouse cannot personally serve the dissolution papers on the non-filing spouse. However, the Respondent spouse may acknowledge service of process by signed and notarized affidavit. The Respondent may also answer the pleadings by simply stating that he or she agrees the allegations in the Petition are all true, and allow the Petitioner to proceed directly to Final Hearing. Otherwise, the non-filing spouse must file an answer with the court within 20 days of receipt of the papers. Failing that, the dissolution may proceed without further input by the Respondent, and this typically happens through default.

Florida also offers a simplified dissolution process. This process applies only in narrow circumstances. The couple must have no dependent children under the age of 18, and the wife cannot be pregnant. Both parties must agree to use the simplified process, which essentially means that all issues regarding assets and liabilities are resolved between them. The couple must agree on the division of property.

A simplified dissolution removes the possibility of trial, and foregoes the particulars involved in preparing for trial.

Please contact a divorce attorney Stuart FL in our office if you need legal representation.