Learning The Requirements For Divorce

by Nov 11, 2022Article

Learning The Requirements For Divorce

Most married couples will hit roadblocks in their marriage and experience problems, but if they’ve done everything within their power to keep their marriage and nothing works, they will reach a point of no return where the only option left is to seek divorce. If this describes your situation, you’re not alone- more than 22 percent of first marriages in America result in divorce within five years, and 53 percent of all marriages fall apart by the 20 year mark. If you reside in Florida and are seriously considering divorce, then you should understand the state’s requirements that you must meet prior to filing and having the divorce granted. We discuss some of the main requirements below.

Requirements For Divorce In Florida

Here are some of the main requirements that you must meet before filing for divorce in Florida:

  • Residency: To obtain a divorce in Florida, you must physically live here. The most common proof-of-residency documents include a Florida driver’s license or ID card, Florida voter’s registration card, Florida vehicle title, Florida vehicle registration, Florida professional or occupational license
  • Mandatory waiting period: Couples commonly have second thoughts about divorce and may change their mind after filing. Every marriage has its ups and downs, and sometimes after careful consideration some couples who were prepared for divorce may abandon the idea. This is why the state of Florida built a time for reconciliation into the divorce process. The mandatory waiting period is meant to give spouses time to determine if a divorce is what they definitely want. In Florida, the waiting period is 20 days and begins to count starting from the date of filing for divorce. 

Florida Legal Grounds For Divorce

To get a divorce in Florida, there must be one of the following grounds:

  • The marriage cannot be saved and is deemed irretrievably broken, or
  • A judge has declared either person in the couple mentally incapacitated a minimum of three years prior to filing for divorce.

An irretrievably broken marriage is the most common ground for obtaining marriage dissolution in Florida. On this ground, the spouse seeking divorce is required to demonstrate that the couple has tried their best and is totally unable to resolve fundamental differences or key disputes and that these problems are so severe that they have resulted in the marriage completely dissolving.

What Is No-Fault Divorce?

No-fault divorces (first ground above) constitute the majority of divorces in Florida since proving a fault-based divorce is much more complex. In a no-fault divorce, the divorcing party only needs to state that the marriage is broken beyond repair, and doesn’t have to prove anything beyond that. These are typically referred to as “irreconcilable differences,” meaning that there are major incompatibility issues within the marriage that cannot be resolved. 

Contact Us Today

If divorce is unavoidable, you need to start seriously considering your next steps to determine the best course of action for yourself and your children. Having an experienced family law attorney or divorce attorney on your side can be key to protecting your own interests and having a smooth divorce process. Call Swickle & Associates to schedule an appointment with a top divorce attorney today.