Dissolution of Marriage

Basics of Filing for a Dissolution of Marriage

In order to file for a dissolution of marriage in Florida, certain basic requirements must be met.

Grounds: Florida is a no fault divorce state. This means that an individual seeking a dissolution of marriage does not have to prove that the other party did something wrong in order to obtain a dissolution of marriage. Under Florida Statute 61.052, in order to obtain a dissolution of marriage, a person must plead one of the following grounds (reasons):

(1) the marriage is irretrievably broken, or (2) one of the parties has been declared mentally incapacitated by a judge at least 3 years before filing for the dissolution of marriage.

Residency: Under Florida Statute 61.021, a person must have resided in the state of Florida for at least six months prior to filing for dissolution of marriage. The law only requires that one person reside in the state of Florida for six months. This mean an action for dissolution can be brought against someone outside of the state of Florida so long as the other party has resided in Florida for six months.

Venue: Once grounds and residency has been established, the geographic location of the dissolution proceeding needs to be determined. This is commonly referred to as venue. An action for dissolution will generally be heard in the county in Florida where the parties last resided as husband and wife.

Financial Disclosure: Finally, once an action for dissolution of marriage has been filed, the parties are required under the law to exchange certain financial documents to comply with mandatory disclosure. In addition to supplying financial documents, each party must also file a financial affidavit.

For more information on the contents of this article or any other questions you may have about changes to Florida’s dissolution of marriage laws, please contact Zweben Law Group.