Decades ago, it was only possible to end a marriage through divorce if one or both of the spouses could prove fault such as adultery, abuse, neglect or impotence. But since then, states have recognized that people should be able to freely exit marriages just like they can freely enter them, so no-fault divorce was created.
Florida, like most other states, has gotten rid of the fault requirements that were once necessary to obtain a divorce. Instead, at least one spouse must testify that the marriage is “irretrievably broken” in order for a n-fault divorce to be granted.
Even though fault is not needed in order to obtain a divorce in Florida it can still be considered in certain situations such as determining an alimony award, dividing up marital assets and debts, and establishing child custody.
What are the other requirements for divorce in Florida?
In addition to testifying that the marriage is “irretrievably broken,” Florida law also has a residency requirement. At least one party has to have been a Florida resident for the six months leading up to the filing of the petition.
Of course, the parties also have to prove that a marriage exists in the first place. Remember, the state of Florida does not recognize common law marriage (unless it is recognized in another state).
Is there more than one way to get divorced in Florida?
The answer to that question is yes. In Florida, the most common way to end a marriage is through a “Regular Dissolution of Marriage.” But it is also possible to end a marriage though a “Simplified Dissolution of Marriage.”
To read more about going through divorce in Florida, including the overall process and the many issues that need to be addressed, visit our Divorce page. We are also happy to provide you personalized information in a private consultation with our Orlando Divorce Attorney Kenneth D. Morse.
