February 2, 2021

Filing For A Divorce In No-Fault Florida: Elements To Consider

Although some people are lucky enough to find love that lasts, most newly married couples end up with a doomed relationship. Lifetime only lasts for months, directly leading to a divorce. This causes emotional turmoil, of course, but the divorce process also comes with legal and financial implications. 

In the state of Florida, for instance, ending a marriage does not come easy. You’ll want to think beyond the years, going as far as your retirement plans, child support, eligibility, and of course, tax and assets. 

It may sound like a lot of trouble, but we’ve curated this guide to help you navigate through such a difficult time. Let’s talk about all the elements you need to consider:

Element #1: Eligibility for a divorce in Florida

If you wish to file for a divorce in Florida, the couple involved must have lived in the state for at least six months. This duration should be before filing the matter with the court, with the exception of military members who reside in Florida, but are currently stationed away from the state. All divorce filings must also be made in Florida’s county, where either of the couples currently resides. 

Element #2: Grounds for divorce in Florida

Before filing for a divorce and finalizing your decisions, it’s important to remember that Florida is a no-fault divorce state. This means that you must only file for a divorce when you know and believe that your marriage is broken, with no hope of picking up the pieces. 

Simply put, you must be able to show that your relationship is over, and there will be no means of reconciliation. This could be due to a cheating spouse, as well as mental incapacitation. 

Element #3: The entire process 

Once you meet the eligibility requirements and grounds for a divorce in Florida, you now have the liberty to file for a divorce with the court. You’ll need to accomplish a form called the Petition for the Dissolution of Marriage. Here, you’ll become the petitioner for the divorce, and your spouse would be the respondent. 

Once this form has been filed, you now need to present a copy to the respondent. Should they agree to the divorce, they need to accept the service of the papers by filling out and filing another form, now called the Answer and Waiver of Service. This needs to be signed and notarized before filing.

Should they refuse to accept the service of the divorce papers, enlisting the help of a sheriff from the country will be vital. They will then serve the papers to your spouse, in the hopes that they accept the terms. 

Within 45 days of your petition being filed, Florida will also require you to procure a signed financial affidavit. This disclosed information about your current financial status, detailing your income, assets, debts, bank statements, credit cards, and even tax returns.

Enlist The Help Of The Best Jacksonville Attorneys 

As a no-fault state, understand that Florida will be handling your divorce petitions differently. You’ll need to prove with conviction that you’re ending your marriage simply because it’s over—and with no way to repair it. Processes involved will also be challenging, but with the help of this guide and a lawyer, you’ll be able to get through such an emotional time.

For top Jacksonville attorneys, Dorsey Law JAX has you covered. We’ll help make the process easier and convenient for you, especially since divorce can be an uphill battle of emotions, finances, and other complicated matters. Allow our experienced professionals to help—book a consultation today.

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