To obtain a divorce or dissolution of marriage in Florida, one of the parties to the marriage must reside 6 months in the state before filing of the petition.
The grounds for divorce in Florida are the following:
a) The marriage is irretrievably broken, or
b) Mental incapacity of one of the parties.
Florida is a "no fault" divorce state. This means that either party may seek a divorce without a showing of cause. The party seeking a divorce basically needs to state that the marriage is "irretrievably broken."
Being a “no fault” divorce state means also that the court would not take into consideration adultery or which person is at fault. Therefore the parties are released from private and personal issues in court.
In a divorce proceeding in Florida, the court may grant alimony to either party.
If there is a minor child(dren) of the marriage, the couple must go to parenting classes (Parent Education and Family Stabilization Course). The judge would not enter a final judgment until the couple present proof of compliance of the parenting course, unless for good cause.
The court may refer the parties to mediation if they do not agree on issues of custody, child support, visitation rights, or primary residency. The mediation agreement must be submitted for review to their attorneys and for approval to the court.
The final order of dissolution of marriage in Florida would result that each party having the status of being single and unmarried.