Charles E. Willmott, P.A. Articles Grounds for Divorce in Florida

Grounds for Divorce in Florida

By Charles E. Willmott, P.A.  Sep. 23, 2013 9:43a

Divorce in Florida is legally called dissolution of marriage. Currently, Florida employs a no-fault divorce law, which means that neither party has to prove that the other party caused the marriage breakup through fault-based behavior such as adultery. The two ways a divorce can be granted in Florida are through an irretrievable breakdown of the marriage or through the mental incapacity of one of the spouses for a period of at least three years.

An irretrievable breakdown of the marriage is the most common type of divorce in the state. If both parties agree to this, the divorce can proceed forward. If one party does not agree that the marriage cannot be repaired, then the court has the authority to order that the parties undergo marriage counseling for up to three months.

Where the parties are in agreement, one of them can file a petition with their local family court to have the marriage dissolved. It is a requirement under Florida state law that at least one of the parties has resided in the state for at least six months prior to the divorce. A final judgment of divorce cannot be made by the court until at least 20 days have transpired from the date the petition is filed.

Family and Divorce Lawyer in Jacksonville, Florida

Once you have filed your petition for a divorce, your spouse will be served the divorce papers and be given time to respond to them. If he/she agrees, then your divorce can proceed. An uncontested divorce is an advantage as you will forego a trial in court. This will make the divorce process less time-consuming, expensive, and stressful. To proceed with an uncontested divorce, couples must agree on all points pertaining to the divorce, such as how to their marital property will be divided and issues concerning children and support. Once the couple has worked out these details, their settlement agreement can be sent to the court for approval.

If you are considering a divorce in the greater Jacksonville area, you have the option of bringing your case to Charles E. Willmott, P.A. Mr. Willmott is a divorce lawyer who has obtained Board Certification by the Florida Bar of Legal Specialization. This means he has been accredited as a legal expert in this field. Few attorneys achieve this prestigious status, which requires rigorous training, experience, and other qualifications. Mr. Willmott also has close to 20 years of experience in divorce and family law which can be used on your behalf. No matter what type of family legal problem you are facing, contact the firm to arrange to speak to a legal specialist about your case.

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