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Florida Uncontested Divorce Online  
  Before you start completing your uncontested divorce forms with us, please read all the requirements for Florida divorce. Make sure that your situation matches all the requirements. Florida Uncontested Divorce online  
 

Requirements for Florida Divorce

(Florida Statutes, Chapter 61) 		 
 

RESIDENCY REQUIREMENTS:

To obtain dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. (FL Statutes, Chapter 61, Paragraph 021)

GROUNDS FOR DIVORCE:

  1. Irretrievable breakdown of the marriage;
  2. Mental incapacity of one of the parties for at least 3 years.
(FL Statutes, Chapter 61, Paragraph 61.052)

WHERE TO FILE :

A person initiating a divorce is a Petitioner. A proceeding for dissolution of marriage shall be commenced by filing in the circuit court a petition entitled "In re the marriage of _____, husband, and _____, wife." (FL Statutes, Chapter 61, Paragraph 043(1))

DIVISION OF PROPERTY:

In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties,… the court shall set apart to each spouse that spouse's nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:
  1. The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
  2. The economic circumstances of the parties.
  3. The duration of the marriage.
  4. Any interruption of personal careers or educational opportunities of either party.
  5. The contribution of one spouse to the personal career or educational opportunity of the other spouse.
  6. The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.
  7. The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.
  8. The desirability of retaining the marital home as a residence for any dependent child of the marriage,
  9. The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

ALIMONY:

Alimony may be awarded to either party. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.
 
In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:
  1. The standard of living established during the marriage.
  2. The duration of the marriage.
  3. The age and the physical and emotional condition of each party.
  4. The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each.
  5. When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
  6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
  7. All sources of income available to either party.
The court may consider any other factor necessary to do equity and justice between the parties.
 
(FL Statutes, Chapter 61, 61.08)

CUSTODY AND SUPPORT OF CHILDREN:

According to Uniform Child Custody Jurisdiction and Enforcement Act, the court determines child custody issues based on the best interests of the child.
 
The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. (FL Statutes, Chapter 61, 61.13 (2))
 
The court shall order "sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interests of" the minor child.
 
State of Florida has specific child support guidelines set out in Florida Statutes Annotated, Chapter 61.30.

MEDIATION OF CERTAIN CONTESTED ISSUES:

In any proceeding in which the issues of parental responsibility, primary residence, visitation, or support of a child are contested, the court may refer the parties to mediation (FL Statutes, Chapter 61, 61.183)
 
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