Divorce

Florida law provides a "no fault" divorce meaning that a divorce may be granted based on a finding that the marriage is irretrievably broken or a spouse has been adjugded mentally incompetent for a preceding period of at least three years.

In Florida, there is no judicial "legal separation"; however, the parties may enter into a Marital Settlement Agreement if they can agree on the matters regarding shared parenting, child support, division of marital assets, alimony and any other marital issues.

In situations where there is a minor child or one spouse denies that the marriage is irretrievably broken, the court need not immediately grant the divorce. In these situations the court may order counseling, mediation or a continuance to allow the parties to reconcile.

In order to file a divorce in Florida, one of the parties must be a resident of Florida for six months prior to the filing of the divorce petition. Physical presence during those six months is not required, the court will consider a party's intent to reside in Florida as a principal residence and the reasons for the absence.