CLERMONT DIVORCE ATTORNEY

 

Florida is a no-fault divorce state (meaning neither spouse is required to prove "fault" or marital misconduct on the part of the other). 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. The dissolution of marriage can be filed in the county in which either or both spouses reside. (Florida Statutes - Chapters: 61.021).

 

The Petition for Dissolution of Marriage must declare the appropriate Florida grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:

 

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. (Florida Statutes - Chapters: 61.052)

 

If you live in Clermont, Groveland, Winter Garden, Ocoee, or Lake, Orange, Sumter, Osceola, Polk County and are considering divorce or have been served with divorce papers, we offer a free consultation to discuss your rights.

Family Law Practice Areas

Divorce

Paternity

Child Custody / Child Support

Modifications

Equitable Distributions

Injunctions

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