Florida is a no-fault state, which means that it allows you to get a divorce even if neither party is technically at fault for damaging the marriage. You don’t need to show that you or your spouse committed a crime or adultery to seek a divorce thanks to the state’s divorce laws working in this way.
In Florida, your divorce will be called a dissolution of marriage. You can seek a no-fault divorce in two ways: By showing that your marriage is irretrievably broken or by showing that your spouse is mentally incapacitated.
Ready to get a divorce in Florida?
If you’re ready to file for divorce, you first need to determine if you’ve lived in the state long enough to do so. You will need to show that you or your spouse lived in Florida for six months or more before filing for divorce. To prove this, you can use your Florida driver’s license or someone’s testimony that you’ve been in the state long enough if you don’t have an ID to prove it.
Once you know that you have met the requirement to dissolve your marriage, you will need to file a petition with the court. You can go through a simplified dissolution of marriage if you and your spouse largely agree on all aspects of the divorce. A normal, or regular dissolution, happens when you have to handle issues that involve children or when there is a dispute over how to handle your assets.
When you’re ready to divorce, get prepared in advance
Even though Florida is a no-fault state, that doesn’t mean that getting a divorce is always quick and easy. You will need to work out how to divide your property. If you have children, you’ll have to handle issues with your parenting plan and physical or legal custody.
It’s a good idea to prepare in advance before you file a divorce petition. See if you can get copies of your financial documents, and start looking into your budget and future plans to see what arrangements will work best for you after the divorce is finalized.