Basic Requirements under Florida Law

Residency
One party must be a resident of the state for 6 months prior to the filing of a petition for dissolution of marriage.  The most common proof is a Florida Drivers License issued more than six months before the petition is filed, but a corroborating witness can also be used to verify residency.

Marriage “irretrievably broken”
Of all the issues which are commonly disputed between the parties, “fault” is never one of them.  That is because Florida is a “no fault” state, which means that a judge will grant the dissolution of marriage as long as one of the spouses states, “The marriage is irretrievably broken.”  The statement means that, in the opinion of one spouse, there is no manner of counseling that would help the parties repair the marriage.  An alternative ground for a divorce is that one of the parties has been adjudged mentally incapacitated for at least three years (most divorce attorneys don’t even know that one - Florida Statutes § 61.052(1)(b)).

If one spouse disagrees that the marriage is irretrievably broken (very rare), the court, pursuant to Statute, may, especially where children are involved, order the parties to counseling, continue the action for a maximum of three months to enable the parties to reconcile, or take such other actions as may be in the best interests of the parties or the minor children of the marriage.  If you think that your marriage can be saved, you may want to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or other qualified person.

Financial Affidavits
Both parties must complete and file a family law financial affidavit. There are two different affidavits, depending on whether your income is more or less than $50,000 annually.  Unlike other mandatory disclosures, the filing of financial affidavits cannot be waived by the parties.

Children
If there are minor children, both parties must complete a course sanctioned by your court which teaches you how to act like an adult for the benefit of your kids.  In Duval County, this is known as Children First in Divorce and is administered through Hope Haven Children’s Clinic and Family Center (904-346-5100).  Whether or not you think you need it, the four hour course reminds you that your children are more important than you in this process.

Serving in the following counties: Duval, Clay, Nassau, Baker, and St. John's Counties.

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