What are the Basic Requirements to File a Divorce in Florida?


Within every state there are certain requirements that you must meet, as an individual or as a couple, prior to filing a Dissolution of Marriage action. Florida’s specific requirements are governed under Chapter 61 of Florida Statutes. During your initial consultation with your Orlando Divorce Attorney, they will explain the specific requirements of a Florida court and if you or your spouse falls into these qualifications.

The first element necessary to evaluate is the residency requirement. In order to file for a divorce in the State of Florida, one spouse must be a resident of Florida for at least 6 months prior to filing for divorce. 61.021 This evidence is usually presented to the court through a copy of a Florida driver’s license, noting the issue date. You may also present evidence of a lease, mail, bills, vehicle registration, or any other form of documentation proving your residence in the State of Florida for the 6 months required. However, the residency requirement will not be satisfied if you only maintain a vacation home within the state. Rather, you must have physical presence in the state and have an intention to retain Florida as your primary residence. If you are unable to provide evidence of your residency, you may file an Affidavit of a Corroborating Witness. The affidavit must be completed by an individual who has personal knowledge that you have lived within the State of Florida for the previous 6 months. This affidavit will be sworn to by the individual and notarized.

The only other element required in Florida is noting the grounds for which your divorce may be granted. There has been an abolishment of any need to provide fault for the divorce. Rather, you must only plead that your marriage is irretrievably broken. The belief that the marriage is irretrievably broken, need only be plead by one spouse, it is not required that both spouses consent to the divorce. A spouse may also plead instead, that a spouse suffers from a mental disability for a period of 3 years prior to the filing of the divorce petition, and this will satisfy the necessary grounds for a divorce in Florida.

There are only two requirements that you must meet in order to file a Petition for Dissolution of Marriage in the State of Florida: residency and grounds for divorce. Your Orlando Divorce Attorney will ask you questions surrounding these topics in your initial consultations to ensure you qualify to file for divorce in the State of Florida. Further, your Orlando Divorce Attorney will aid you in procuring the proper evidence to present to the court to satisfy these elements. We will walk you through not only the initial filing but ensure you are protected through the entire divorce proceeding.

Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.

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