A family is a basic unit in society and it is always being valued. This is the reason why the state provides protection and support for the sustenance of the family.
Marriage, on the other hand, serves as the bond of two parties to unite and agree to create their family.
Somehow, by reasons beyond the control of the parties, marriage may be severed through a divorce. The dissolution of marriage is a difficult situation which might adversely affect both their self-confidence and emotions.
However, the State still observes the sanctity of marriage and will disallow any move for dissolution unless the ground is irreparable or irretrievable.
To sever such marriage, it should undergo a legal process that is a court proceeding through the observance of the civil procedure for divorce. Divorce is the legal dissolution of marriage by terminating the marital union and the cancellation of marital duties and responsibilities of both the spouses. In short, it is the dissolution of the marriage bond between the couple under the rule of law of the State of Florida.
Under the purview of Florida Divorce Law, it is significant to prove that a pertinent marriage is “irretrievably broken” and either party may file the case. Apart from this reason, mental incapacity issues have been given legal weight on the determination of the petition.
If divorce is the sole reason of the dissolution, one of the parties may file a simple dissolution of marriage. However, if the case is complexed with other issues like child support, custody, pensions, and real estate partition, the case has to be filed as a regular dissolution of marriage.
The Florida law on divorce is compassionate as it is observed as a “no-fault” principle, it hears the sentiments of the parties. As a result, the court does not warrant the filing of the petition if the ground is something other than a irretrievably broken marriage. In essence, if the marriage suffers from conflicting differences, then the court may grant the divorce.
To the contrary, mental incapacity is a seldom utilized as a ground for the dissolution. However, this ground seems to be vague due to a spouse failing to carry out his or her marital commitment, it may be inferred that the spouse is already mentally incapacitated.
The State of Florida does not accept the fault-based grounds for the dissolution of marriage. That being said, if the other party is at fault for committing adultery or some other felony, the court would not allow the filing of such a petition for divorce.
There are only two (2) exclusive grounds for divorce as far as the state of Florida is concerned and they are the following:
- irretrievably broken marriage and
- a spouse’s mental incapacity
The divorce process seems simple but the party must have at least six (6) months of residency requirement to provide the court with the jurisdiction. To carry out a simple petition for the dissolution of marriage, the following prerequisites should be present:
If the above requirements are not met, the case cannot be filed as a dissolution of marriage.
In view of the afore-mentioned explanation, the following are the major requirements to be filed:
1. Jurisdiction
a. Residency requirement when a spouse is out of the State of Florida – it may be noted that it is only required that one of the spouses resided in Florida at least six (6) months immediately preceding the filing of the case for divorce with the corresponding Identification Card.
b. Subject matter jurisdiction when a spouse is out of the State of Florida – it is true that the State of Florida may permit the filing of the case but does not warrant the acquisition of jurisdiction toward the parties
c. Personal jurisdiction for Divorce if a spouse is out of state – this guide will resolve the precedent issue on how to acquire jurisdiction upon the person if the defendant is residing out of state, to wit:
1) spouse maintains a home in the State of Florida;
2) spouse who lives outside Florida has been served with the Divorce Petition when he/she is within the State of Florida;
3) a spouse who lives outside Florida waives his/her rights to contest the issue on lack of jurisdiction.
2. The provision of testimony on the degree of damage to the marriage that it is irrevocably broken – this connotes that the marriage will not, in any way, be saved even through the intervention of counseling and/or any other means and the spouse testifying does not have to show proof that their marriage is actually irrevocably broken based on the “no-fault state” principle.
The petition for Divorce in Florida is not strictly observed to ensure the presence of the parties during the litigation. The law of Florida only requires that the petitioning spouse appears during the final Divorce hearing.
The following documents are required to be filed in addition to the petition:
- Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
- Notice of Social Security Number per the Florida Supreme Court Approved Family Law Form 12.902(j).
3. Marital Settlement Agreement per the Florida Family Law Rules of Procedure Form 12.902(f)(3).
The legal process of filing a Petition for Divorce is technically confusing and to protect your rights and uphold them, it is highly recommended to obtain the services of Marquez-Kelly Family Law Attorney.
If you are in Fort Myers, Florida and you want to ensure the success of your case, it is highly recommended to get in touch with us. We already mastered the ins and outs of divorce proceedings and we ensure that our clients’ welfare is fully protected that includes his or her rights and interests.
Marquez-Kelly Family Law Attorney will guide you on the following:
- Filing and serving a petition for divorce
- Answering a petition
- Attending a court hearing
- Dealing with child custody/support
- Division of property
- Handling a settlement agreement
For your questions regarding divorce attorney, divorce lawyer, fort myers divorce lawyer, cape coral divorce lawyer, fort myers family law, and cape coral family law, message us online, or call us at 239-214-0403 today!
