Residency and Filing Requirements
In order to file for divorce, the court must have jurisdiction over the case. In the state of Florida, a residency requirement must be met. If the requirement is not met, the court will not accept the case.
To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. (Florida Statues, Title VI, Chapter 61.021)
Grounds for Filing
In the state of Florida the grounds which are those that are agreed upon and substantiated by both parties or those presented by the filing spouse to the court must be declared in The Petition for Marital Dissolution.
(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally: (a) The marriage is irretrievably broken. (b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s.61.08 (Florida Statues, Title VI, Chapter 61.052)
Terms
- Filing Spouse: The Plaintiff or Petitioner is the marital party that files for The Petition for Dissolution of Marriage.
- Non-Filing Spouse: The Defendant or Respondent is the marital party that receives The Petition for Dissolution of Marriage.
- Court Name: In the state of Florida, this is the Circuit Court of the county where the Petition for Dissolution of Marriage is filed. The court will have jurisdiction over the case.
