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Divorce Requirements Board-Certified Lawyer in Marital & Family Law Since 2008

Requirements for Divorce in Jacksonville, FL

Do I have to file for divorce in the state where I was married?

Before taking steps to initiate the divorce process in Florida, it is important to determine whether or not you would be able to meet the residency requirements. While this does not mean that you must file for divorce in the state where you were married, Florida's dissolution of marriage laws require at least one spouse to have lived in the state for a minimum of six months prior to their divorce—which would also apply to members of the military who are stationed in Florida.

If this requirement is not met, the court would not have jurisdiction to oversee the case, thus resulting in the dismissal of your petition. For this reason, it is highly recommended that you discuss an appropriate course of action with the lawyers at Charles E. Willmott, P.A. before moving forward with your case.

Establishing Legal Grounds for the Dissolution of Your Marriage

  • According to Florida Statute § 61.052, a couple cannot legally file for divorce unless they are able to show that:
  • 1) the marriage is irretrievably broken or
  • 2) one spouse has been mentally incapacitated for at least three years

If one spouse were to deny that the marriage is broken beyond repair, the court has the power to order marriage counseling for up to three months. If both spouses are in agreement, however, either party can file a "Petition for Dissolution of Marriage" with the Family Department of the local circuit court that is located in the county wherein one or both spouses reside.

The court would then serve the other spouse with the divorce papers and give them time to respond. If the couple decides to enter into an uncontested divorce, they could forego a trial, but it is usually necessary for the court to set a date for their hearing.

Meeting Florida's Divorce Requirements with the Help of My Firm

If you are interested in obtaining a permanent dissolution of your marriage, the legal team at Charles E. Willmott, P.A. encourages you to move forward under the knowledgeable advisement of a lawyer. Not only will this help you to ensure that all Florida divorce requirements are met, but you will also be able to rest a little easier knowing that you have a Board Certified divorce expert in your corner.

Don't hesitate to give me a call at (904) 849-5183. From there, Attorney Charles E. Willmott will be able to advise on what steps to take next and subsequently guide you through all aspects of your divorce.

Dedicated To Client Satisfaction

Hear What Our Clients Say
    Charles Was A Godsend For Me Through My Divorce!

    “Charles was a Godsend for me through my divorce. He was so sweet and kind to me but very intimidating to the other party. he didn't play games, he was straight to the point, VERY PROFESIONAL.”

    Dedicated Profession Who Speaks The Truth!

    “Charles Willmott is a dedicated professional who will speak the truth. Mr. Willmott is straightforward with his clients and is willing to listen. He can take what at times can be very messy situations and come up with a clear plan of action.”

    Charles Is A Very Impressive Attorney!

    “I was a mess the first day I met with him; he immediately put my mind at ease and explained the different outcomes my divorce may have had. He's extremely knowledgeable, upfront, and honest.”

    He Has Never Let Me Down!

    “I have been a client of Charles for almost nine years, and he has never let me down. He always told me what to expect and has been right every time.”

    Charles Willmott Provided Superb Advice & Excellent Representation!

    “Charles Willmott provided superb advice and expert representation. He replied to every question very quickly and thoroughly.”

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