The Basics of Divorce in Florida
Also See: Florida Marriage Laws
Statute: Florida State Divorce Code (Title 6, Chapter 61): flsenate.gov
No-Fault Grounds:
- Irretrievable breakdown
- Mental incapacity of one of the parties for a period of at least 3 years prior to filing
At-Fault Grounds: No At Fault Grounds in Florida
Residency: Either party must have been a resident continuously for 6 months or more prior to filing.
Legal Separation Recognized? No.
Counseling Requirements: The court may require mediation on contested issues regarding visitation, child support and parental responsibility.
Property Distribution : Florida relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.
Alimony : Alimony may be awarded to either party and is at the discretion of the judge. Fault is not a consideration.
One Comment
I have been married for 5 years and my husband did not work he is about to get disability do to a cancer. I took care of him through out the whole marriage am I entitle to part or any of his disability (lump sum). he live in florida and I moved to NC in Jan of this year.