Divorce, what qualifies?

by | Feb 12, 2019 | 0 comments

Grounds for a Divorce in Florida

A divorce is the legal order from the court that ends your marital relationship with your spouse. Each divorce process is different but most orders serve the same purpose. At the end of the proceedings, your marital relationship to your former spouse is over. The question stands though, how do you get a divorce? Can you get one for any reason? Are there strict rules? It should be noted, that each state has its own requirements for divorce proceedings and some may be more complicated than others. So, it is advised that you have an attorney in your state and local, to guide you through it all. This blog talks about divorces in Florida.

Legal Reason for a Dissolution of Marriage:

This first one is easy. It is what most people think of when you hear of a divorce. It is so common in fact, you have probably heard of it in movies or tv shows. Reason number one for a dissolution of marriage is that the marriage is irretrievably broken. Now this one has some interesting caveats to it. Is it yes, if the responding spouse does not deny that the marriage is irretrievably broken, then the court will find the marriage is eligible for dissolution.

However, if there is a minor child involved or the responding party denies that the marriage is irretrievably broken, then the court may:

  1. Order one or both spouses to consult with a marriage counselor (or any other person deemed qualified by the court).

  2. Continue the proceedings, so long as they do not exceed three months, to allow the parties to attempt to reconcile, or

  3. Take whatever action is in the best interest of the child.

Note that during any court continuance, the court still may make orders for the support of the parties including a parenting plan, support, preservation of the properties, and attorney’s fees.

A Lesser Known Reason for Divorce

While it is not as common as an irretrievably broken marriage, another reason that a court will grant a dissolution of marriage is mental incapacity of one of the parties. However, the incapacitated party needs to be declared incapaciated in accordance with the provisions of Chapter 744 Florida Statutes. At that point, the proceeding for dissolution must be served onto the nearest blood relative or guardian of the incapacitated spouse. If the incapacitated spouse has no guardian other than the spouse bringing the dissolution proceeding, then the court will appoint a guardian ad litem to defend the interests of the incapacitated party. The Court still has the right to require the petitioner to pay for alimony under this ground the court usually must wait before the final dissolution of marriage.

Florida really only has two reason for divorce. Being what is known as a “No Fault State” makes things a little more simple. Rather than requiring the airing of dirty laundry to come out, Florida allows a party to say that the marriage is simply not looking, or the other spouse is incapaciated.

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