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Home | Family Law | Divorce

Florida Divorce

A Florida divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of a Florida divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Florida divorce without the expense of an attorney.

Types of Divorce in Florida

Simplified Divorce in Florida

In order to qualify for a Simplified Dissolution of Marriage, the spouses must certify that: (1) there are no minor or dependent children and the wife is not pregnant; (2) spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations; (3) at least one of the spouses has been a resident of Florida for six months immediately prior to filing for dissolution of marriage; and (4) the marriage is irretrievably broken. The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition.

Alternatives to Divorce in Florida

A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. A spouse may file for separate maintenance and child support.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status (as if they were never married). Unlike a dissolution of marriage, which is no-fault and requires simply that the marriage is irretrievably broken, a person seeking a Florida annulment must prove one of the specific legal grounds:

  1. One party lacked the mental capacity to consent at the time of the marriage (e.g. mental incapacity, drugs, or alcohol),
  2. One party lacked the physical capacity to consummate the marriage (i.e. cannot have intercourse), and the other party did not know this at the time of the marriage,
  3. One party was under the age to consent to marriage (18, or 16 with consent, for a Florida marriage) and did not have consent from parents, guardians, or the courts to marry,
  4. One party married because of the other's fraudulent act or misrepresentation which went "to the essence of the marriage",
  5. One party married under duress,
  6. One party married as a jest or dare, or
  7. The marriage was void due to bigamy / polygamy (one party was still married), or incest (the prohibited relatives are an ancestor/descendant, siblings, uncle/niece, or aunt/nephew).

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