Divorcing in Florida
General Overview of Divorce in Florida : Florida is considered a “no fault” divorce state. Either party (spouse) may seek out and file for a divorce in Florida without proving there are any specific reasons for wanting a divorce. In short, if you no longer want to be married because you consider the marriage to be “irretrievably broken” then you are able to file for a divorce in Florida. At least one spouse must have resided within the state of Florida for at least six months prior to filing for a divorce.
Divorcing in Florida – No Minor Children
If there are no minor children from the marriage and if the responding party does not answer the petition for dissolution of marriage by filing an answer with the courts denying that the marriage is irretrievably broken, the courts will likely enter a judgment of dissolution of the marriage if it finds the marriage is in fact “irretrievably broken.” Answering a Petition for Dissolution of Marriage, even when minor children are not present is important, especially if you have acquired assets. Florida is an equitable distribution state or “50/50” state. Florida Statutes requires that marital assets and debts be distributed in a fair and equitable manner.
Florida Divorce & Minor Children
If however, there are minor children from the marriage, or if the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may either order the parties to marriage counseling or order counseling by any other person deemed qualified by the court and acceptable to the divorcing parties. A Judge can also take other action that they feel is in the best interest of the parties and the minor child or children 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.
Source 61.052 Dissolution of Marriage — 2020 FL Statutes
Learn More About Florida Divorces
Hiring a Florida Divorce Attorney
Hiring a Florida Divorce Attorney is an important decision. If you have been served with a Petition for Dissolution of Marriage or, if you need to consult with a Tampa Bay divorce attorney to discuss your options, please call our office to schedule a consultation. If you prefer, use the form below to inquire about our Family Law Firm or to request a call back. Attorney Sanchez has represented divorcing clients who are divorcing in Tampa bay for 25 years. Respected by his clients and industry peers alike, he has earned a top-rating with AVVO as a Tampa family law lawyer and is listed as one of the 10 Best Family Law Firms in Hillsborough County, Florida. Attorney Sanchez provides couples who are divorcing in Florida effective, focused legal counsel to help them move forward. If you are out of State and need assistance with a Florida divorce, please reach out to our law firm for help.
Contact Florida Divorce Lawyer, Nilo J Sanchez & Associates