Divorce, also known as "Dissolution of Marriage," begins with a valid marriage.
The first requirement you must meet is that you have a valid marriage. A valid Florida marriage requires a marriage license that has been completed and returned to the Clerk of Court. A marriage license is only good for thirty (30) days from the date it is issued.
A marriage ceremony must be performed by an ordained minister, elder, or other ordained clergy, a judicial officer, clerk of the circuit court, or a notary public of the state of Florida. After the ceremony, the officiant must certify on the license that the marriage has been performed and deliver it to the clerk.
COMMON LAW MARRIAGE
This type of marriage is one where two people agree to marry and then live together for years while holding themselves out to the public as a married couple. Beginning in 1968, Florida no longer recognizes common law marriages, unless it was entered into in another state that does recognize common law marriages.
A void marriage is one that cannot be ratified later. A good example of this is a marriage where one of the parties to the marriage is already married.
While a divorce, also known as “dissolution of marriage,” is not available for a couple with a void marriage, an annulment is an option.
This is a marriage where one or both of the parties to the marriage is under a disability, and neither one of the parties was aware of the disability at the time of the marriage. Once the disability has been removed, the marriage can be ratified.
This can happen when one or both parties was too drunk during the ceremony to know what he or she was doing. Moreover, it can happen when one or both parties is mentally incompetent.
Florida is what we call a “no fault” state. In other words, no fault is required by either spouse to get a divorce.
There is a twenty (20) day waiting period before you can get a final judgment of divorce. The 20 days starts when one spouse files a Petition for Dissolution of Marriage.
GROUNDS FOR DIVORCE
There really are only two grounds for a divorce:
- The marriage is irretrievably broken, or
- One of the spouses is mentally incapacitated
This occurs when the spouses can't live together because their difficulties are so substantial that no reasonable effort could fix the problems and enable them to live together in a normal marital relationship.
A court judge will sometimes ask one or both spouses to explain why their marriage is irretrievably broken
If the responding party to a dissolution of marriage asserts that the marriage is not irretrievably broken in his or her Answer, then a court may order one of them or both of them to counseling. The court may also continue the matter for up to three months to give the parties time to attempt reconciliation.
If a spouse is going to allege as grounds for divorce that the other spouse is mentally incapacitated, he or she will have to prove that the other spouse has been adjudged incapacitated for at least three years.
CONTACT A SKILLED, AGGRESSIVE, COMPASSIONATE AND EXPERIENCED ORLANDO DIVORCE LAWYER TODAY
Starting a divorce can be difficult. Divorce is the second, most stressful event someone will ever experience. It is important to have a guide who can help you identify your rights and responsibilities that you might overlook trying to do it yourself. Having an attorney who focuses their practice 100% on family law and divorce is essential because you need a professional who understands everything about divorce. The anger, the fear, the betrayal, and the anxiety about your financial future.
Divorce and divorce-related situations is all we do here at Leap Frog Divorce. We're ready to help you today, and we have affordable options.