Divorce in Florida can be less complicated than it is in other states. The reason is that Florida is a no-fault state.
This means that you can get a divorce without having to establish that your spouse was involved in any form of bad behavior (such as adultery). Either spouse can simply declare that the marriage is “irretrievably broken”.
The only “requirement” for obtaining a divorce in Florida is that at least one spouse has to have been a Florida resident for a minimum of 6 months before filing for a divorce.
There are basically two types of Florida divorces:
- Simplified Dissolution of Marriage
- Regular Dissolution of Marriage
Simplified Dissolution of Marriage
The simplified divorce can be an easier and faster way to get divorced in Florida. And in some instances, you can even get this done without an attorney – BUT – there are requirements. Couples can ONLY go through a simplified divorce process if they meet ALL of the following:
- At least one of the spouses has lived in Florida for 6 months prior to filing for a divorce.
- Both spouses agree that the marriage is irretrievably broken.
- There are no minor (younger than 18) or dependent children in the marriage.
- The wife is not pregnant.
- Neither spouse is seeking alimony.
- Both spouses have filed financial affidavits with the court (or agreed they don’t need financial affidavits).
- Both spouses have agreed on the division of their assets and debts.
- Both spouses agree to giving up the right to a trial and appeal.
Regular Dissolution of Marriage
The more common (or standard) method of divorce that most individuals are aware of is the Regular Dissolution of Marriage.
In this instance, each spouse hires a divorce attorney to begin the legal process of separating the assets, establishing alimony, child support, visitation rights, etc.