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.