Grounds For Divorce in Florida
Preparing Your Documents
In order to file for divorce in Florida, you first need to know what the divorce process is in Florida. Make sure that your forms are in the right order. You need to file for the forms for your divorce, or “dissolution of marriage,” as it is called in Florida, in the correct circuit. You must file for divorce in the county where you live, and you must have been a resident of that county for at least six months prior to filing for divorce. The process doesn’t have to be difficult when filing for divorce law in Florida.
To start the process the first form you need to complete is the “Petition for Dissolution of Marriage.” The spouse filing for divorce is the “petitioner,” and the other spouse is the “respondent.” Your divorce attorney in Aventura can help you.
Florida does not have fault-based divorce so in order to receive a divorce in Florida, you only need to have proof that the marriage is irretrievably broken or that one of the spouses has been mentally incapacitated for at least three years. After providing proof the court can still consider fault, such as infidelity or cruel treatment, when deciding on things like alimony, property division, or parental responsibility (also known as child custody). This can be the hardest part when trying to provide proof for grounds of divorce in Florida.
Filing Your Documents
Once your documents are complete you are filing a petition for dissolution of marriage to the clerk’s office of the circuit court for the county where you are filing. Make sure your petition is notarized before filing with the court. You’ll need to give a copy of your signed and notarized petition to the clerk, along with the filing fee for a dissolution of marriage, and they will give you a copy with a date stamp and notation showing that it has been filed with the court.
Serving Your Forms
Once all your documents are complete and in place you need to them serve them to Once your documents are filed you need to give your spouse a copy of your filed petition for dissolution of marriage; this is called “serving” your petition. This is a key part to understanding divorce law in Aventura. Your forms can be served by your local sheriff’s office in your county.
Financial Disclosures and Documents
Once all your forms are complete and have been filed and served to your spouse you need to collect important financial documents for grounds for divorce in Florida. In order to fully meet the grounds for divorce in Florida you must turn over a completed and signed financial affidavit to your spouse within 45 days of the date your petition for dissolution of marriage is served. A blank financial affidavit can be found at your local circuit court clerk’s office. The types of information and documents you can expect to turnover include:
Income
Assets
Debts
Tax Returns
Bank Statements
Credit Card Statements
Personal Financial Statements, and any other documentation that would contain financial information that your spouse or the court should know before the divorce.
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