Filing for Divorce in Florida

Filing for Divorce in Florida

Florida is a no-fault state when it comes to divorce.  Stating that a marriage is “irretrievably broken,” otherwise known as irreconcilable differences, is sufficient grounds for a divorce in Jacksonville, FL.  To meet the residency requirement to file for a dissolution of marriage, at least one spouse must have lived in the state for six months or more.  If that’s not the case, they can file for legal separation in the meantime.

The process begins with a petition for divorce which states what the petitioner would like from the court.  The other spouse will reply to the petition by filing an Answer.  In cases where the couple agrees on basic issues such as property separation, child custody, child support and spousal support, they will also submit a written agreement to the court.  If the couple is civil to each other and in agreement, the whole proceeding can be over in a few weeks, if not, it can drag on for years and end in a trial.

To qualify for a simplified dissolution of marriage certain standards must be met:

  • Both spouses agree to this form of dissolution proceeding
  • There are no minors or dependents involved
  • Female is not pregnant
  • At least one spouse is a Florida resident
  • Both parties have agreed on division of property (assets) and any obligations (debts)


  • Each spouse’s contribution to the marriage
  • Economic circumstances of each spouse
  • Length of marriage
  • Any interruption of a personal career or educational opportunities by either spouse
  • Desirability of retaining any asset intact and free from claims or interference by the other spouse

Finnell, McGuinness, Nezami & Andux PA serves clients in Jacksonville, St. Augustine, Green Cove Springs, Ponte Vedra, Duval County, St. Johns County, Clay County, Nassau County, Flagler County and the entire Northeast Florida area.

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