Florida Divorce Statute
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As a service to those who may want more specific information, the 2009 Florida statute pertaining to Divorce is included here. For more general information on Divorce and on how we can help you, please visit our Florida divorce page.
Dissolution of marriage.
(1) No judgment of dissolution of
marriage shall be granted unless one of
the following facts appears, which shall
be pleaded generally:
(a) The marriage is irretrievably
broken.
(b) Mental incapacity of one of the
parties. However, no dissolution shall
be allowed unless the party alleged to
be incapacitated shall have been
adjudged incapacitated according to the
provisions of s.
744.331 for a preceding period of at
least 3 years. Notice of the proceeding
for dissolution shall be served upon one
of the nearest blood relatives or
guardian of the incapacitated person,
and the relative or guardian shall be
entitled to appear and to be heard upon
the issues. If the incapacitated party
has a general guardian other than the
party bringing the proceeding, the
petition and summons shall be served
upon the incapacitated party and the
guardian; and the guardian shall defend
and protect the interests of the
incapacitated party. If the
incapacitated party has no guardian
other than the party bringing the
proceeding, the court shall appoint a
guardian ad litem to defend and protect
the interests of the incapacitated
party. However, in all dissolutions of
marriage granted on the basis of
incapacity, the court may require the
petitioner to pay alimony pursuant to
the provisions of s.
61.08.
(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida driver's license, a Florida voter's registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:
(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage if the court finds that the marriage is irretrievably broken. r /> (b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
1. Order either or both parties to consult
with a marriage counselor, psychologist,
psychiatrist, minister, priest, rabbi, or any
other person deemed qualified by the court and
acceptable to the party or parties ordered to
seek consultation; or
2. Continue the proceedings for a reasonable
length of time not to exceed 3 months, to enable
the parties themselves to effect a
reconciliation; or
3. Take such other action as may be in the best
interest of the parties and the minor child of
the marriage.
If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage. If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.
(3) During any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage; attorney's fees; and the preservation of the property of the parties.
(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.
(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 741 and shall not be included in the judgment of dissolution of marriage.
(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.
(8) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.
Residence requirements
To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.