How is divorce initiated in Florida?
In order to file for a divorce, legally known as a Dissolution of Marriage, in Florida, you must meet several eligibility requirements. All of these requirements must be met for you to legally obtain a Florida divorce.
To be able to file for dissolution of marriage in Florida, there is a residency requirement that one spouse must have lived in the state for at least six months prior to filing. You can not file for a dissolution of marriage or divorce in Florida if you or your spouse is not a current resident. If you and your spouse are currently living in different states and are seeking an amicable divorce, you should review the legal guidelines for divorce in both states to determine which will provide you with the best opportunity to get the results that you desire.
The petition for Dissolution of Marriage must be filed with the circuit court in the county where the petitioner spouse (the spouse filing for dissolution) currently resides. The respondent spouse (the non-filing spouse) will be notified of the petition. The petition will include information such as which spouse meets the residency requirements if either spouse is in the military if you have minor children, your grounds for requesting a divorce, and a request for relief from the situation.
The respondent spouse will then have the option to agree with the petition and begin the process of uncontested divorce or can file a counter petition if they do not believe the initial petition to be complete or accurate. At this time, the petitioner spouse may file a Notice of Trial and proceed with a contested dissolution if the parties simply cannot agree. The final judgment of dissolution of marriage may not be entered until at least 20 days after the date the Petition was filed unless the court finds that an injustice would result from this delay. The actual time was taken to complete the entire divorce process, from beginning to end can vary greatly from case to case. Uncontested divorces can be finalized in as little as 1-3 months, while the average contested divorce is typically closer to a year. Working together towards an uncontested divorce can save you a lot of time and money. Regardless of your ability to negotiate with each other, our experienced divorce attorneys are here to support you through the challenging, emotional process of divorce.
For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.
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