Florida is a no-fault state. This means that fault has been eliminated as grounds to obtain a Florida divorce. This has been done to minimize any harm that may be caused by the divorce process to the parties involved as well as their children. To obtain a Florida divorce the only ground required is that the marriage be "irretrievably broken."
The Florida divorce begins with either party (the husband or the wife) filing a petition for dissolution of marriage with the appropriate Florida circuit court clerk's office. This is the document that will state that the marriage is "ir?retrievably broken" and will set out what the party requests from the court. Also, the petitioner (the party filing the case) will need to prove that a marriage exists and that one party has been a Florida resident for six months immediately preceding the filing of the petition. Please note that another ground exists, but it is not often used: the adjudication of one spouse as incompetent for at least three years preceding the petition for dissolution of marriage. Although fault is not grounds for a Florida divorce, it may be considered in determining certain issues in a case such as alimony, equitable distribution of marital assets and liabilities, and parental responsibility.
After the petition has been served on the other spouse, they must file an answer to the petition within 20 days from the date of service of the petition. This answer will address all issues set forth in the petition and will bring up any new issues the answering party would like for the court to determine. Further, in a Florida divorce, the court rules require that each party provide specific financial documents along with a completed finan?cial affidavit to the other party within 45 days of the service of the petition or before any temporary relief hearing. If the husband or wife fails to provide this financial disclosure, also known as mandatory disclosure, the court may dismiss the case or not consider that party's requests.
If parties in a Florida divorce are able to agree on all issues involved in the case before the petition for dissolution of marriage is filed, they should enter into a written marital settlement agreement, which is signed by both parties and presented to the court for acceptance. In the event that the parties to a Florida divorce disagree on some of the issues, but are able to work out a settlement they can appear in front of the judge with a proposed settlement that may or may not be accepted by the judge. A Florida divorce may be finalized in a few weeks in some uncontested cases. If the parties find that they are unable to reach an agreement on the issues involved in their Florida divorce case, the case is considered contested and a trial will be held. In this situation, the judge will hear each party's arguments, hear the testimony of each party's witnesses, review all evidence submitted to the court by each party, and then make the final decisions on all of the contested issues in the Florida divorce case.
Fortunately, mediation is used in Florida divorce cases in order to assist the parties with working out a settlement. This is in an effort to avoid a lengthy litigation process and trial. The point of mediation is not to save the marriage, but to help the parties reach an agreement in their Florida divorce. In some Florida counties, the court requires the parties to attend mediation before a trial will be scheduled.
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