Divorce can be a traumatic, life-altering process, and is often confusing, as well. When we’re in your corner for this very emotional challenge, Rebecca L. Palmer Law Group, will protect your legal rights and ensure that you know all of your available options.
How is it determined?
Pursuant to §61.052, Florida Statutes (2017), a court will not grant a dissolution of marriage unless the marriage is irretrievably broken or one of the parties is mentally incapacitated. It is important to note, however, that if a spouse is alleged to be incapacitated, a dissolution of marriage will not be granted unless the alleged incapacitated spouse is adjudged as incapacitated according to §744.331, Florida Statutes (2017) for at least three years.
What are the Florida residency requirements?
In order to obtain a final judgment of dissolution of marriage in Florida, the party filing the petition for dissolution of marriage must be a resident of Florida for a minimum of six months prior to filing their petition. Residency of the filing party may be proved by a couple of options, including but not limited to a valid Florida driver’s license or an Affidavit of Corroborating Witness. An Affidavit of Corroborating Witness will allow the petitioning party to prove their residency through a third party, who will swear or affirm under oath that the petitioning party has been a resident of Florida for at least six months prior to their petition for dissolution of marriage being filed.
How will a divorce affect parties to a marriage and their child or children?
Once a final judgement of dissolution of marriage has been executed and entered by a court, it shall render both parties as single and unmarried. A final judgment will not, however, render a child born of a marriage as a child born out of wedlock when a marriage is dissolved. If a wife in a dissolution proceeding wishes to have her maiden name restored after a marriage has been dissolved, it is important and necessary to petition the court for such restoration in a petition or counter-petition for dissolution of marriage.