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 in Florida, one of the parties to the marriage must have been a resident of the state of Florida for at least six months before filing a petition.
The petition for dissolution of marriage must declare the appropriate grounds upon which the dissolution of marriage is being sought.
In the state of Florida, no judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:
- The marriage is irretrievably broken
- There is 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 Florida Statute 744.331 for a preceding period of at least 3 years” (Florida Statutes — Chapter: 61.052).
If you live in Clermont, Groveland, Winter Garden, Ocoee or any other community within Lake, Orange, Sumter or Osceola counties and need advice pertaining to divorce, we offer a free family law consultation to discuss your rights.
Contact The Law Offices Of Justin Rickman
We know you have many questions about divorce. For a free consultation with a lawyer to get answers to your questions about Florida family law and how it pertains to your issue, give us a call today at 352-394-2041, or contact us online.