Florida has abolished fault as a grounds for divorce. In order to obtain a dissolution of marriage, you will have to show your marriage is irretrievably broken, one spouse has been a resident of the State of Florida for six months prior to the filing of the petition, and that a marriage exists. Although fault is not a ground for divorce, it can become an issue in the division of property, alimony, and custody of children.
If you have been served with a petition for dissolution of marriage, you must respond to the petition within 20 days otherwise you will be in default and your spouse could potentially receive whatever they have asked the Court to give them in the petition.
Most Judges require the parties go through mediation prior to having a trial. During mediation, a neutral third party tries to help you and your spouse work out an agreement without a trial. It can be much less expensive, quicker, and less emotionally damaging than a trial.
The Court may award a spouse alimony. The Court considers factors such as the parties’ standard of living, the length of the marriage, the age of each spouse, physical and emotional condition of both spouses, each spouse’s financial resources, the time required to obtain training or education to find employment, and the contribution each spouse made to the marriage.
In most cases involving children, parental responsibility for minor children will be shared by both parents. This means both parents have the same legal rights to make major decisions regarding their children’s health, education, and welfare. Parents are required to take a parent education and family stabilization course prior to getting their divorce to assist them and their children during this difficult period.