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Grounds for Divorce

Is it necessary to prove that one party is at fault to obtain a divorce?

The answer is no. Based upon current Florida Statute 61.052, there are two grounds for divorce:
The marriage is irretrievably broken, or Mental incapacity of one of the parties.

 

Is there a Florida residency requirement?

Yes. At least one party must have lived in the state of Florida for at least six months before filing the divorce papers. You must have one of the following:

a. A valid Florida license, Florida ID, or Florida voter registration card;
b. An affidavit of corroborating witness; or
c. Testimony from someone who will say that you have lived in Florida for at least 6 months.

 

Must I actually attend a hearing?

Yes. Even in an uncontested dissolution, one party must actually appear in court and testify. However, in an uncontested dissolution wherein the parties agree, this testimony is limited.

Board Certified Family and Marital Attorney
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