Divorce and Dissolution of Marriage
Florida is a no fault divorce state. There are no grounds for divorce such as adultery, abandonment, or other traditional grounds for divorce. All that is necessary is to prove that the marriage is irretrievably broken. Under some circumstances, the court will stay the divorce pending marriage counseling. Also, one of the parties to a divorce must show proof of Florida residency for at least six (6) months prior to filing the petition for dissolution of marriage. Normally, residency can be proven by using a Florida driver’s license showing the date of issue at least six (6) months before the date the petition for dissolution of marriage was filed.
For purposes of awarding alimony, marital fault can be introduced to show the other party caused the break-up of the marriage. Marital fault is admissible to prove the other party has caused a reduction in the value of the marital estate or ability to pay support. An example is where a party had an extra marital affair and spent marital money on the extra marital affair. Another example is where money was wasted on gambling or illegal drugs.
Upon proof the marriage is irretrievably broken and Florida residency, the court will consider evidence regarding the issues of the divorce such as children, child support, alimony and equitable distribution.
To request your in-person consultation at our Jacksonville Law Office, please call us today at (904) 346-3883.
The Dorsey Law Firm has practiced Family Law in Jacksonville for over 35 years. Our firm has represented clients in front of nearly every judge in Duval, Clay, St. Johns, and Nassau Counties, and has tried cases throughout the entire State of Florida.