Divorce has become relatively commonplace in modern society, but few divorces happen easily. Often there is conflict between spouses, even when they agree to end the relationship, and anyone desiring a divorce will need to meet certain requirements.
Meeting divorce requirements in Coconut Grove can require both showing evidence and following the procedural rules to file for divorce. With the assistance of a local divorce lawyer from The Florida Probate & Family Law Firm, you can ensure you will be able to meet the requirements and end the relationship as you desire.
Grounds for Divorce and Residency
The legal relationship of marriage is a strong and binding one that brings two people into nearly one entity in many respects. As a result, the institution is protected by law and can only be ended through divorce if certain requirements are met. The two requirements are the grounds for divorce and residency in the state.
Residency Requirement
Residency can be shown relatively easily with a driver’s license or a voter identification card, and at least one party to a divorce must be a resident of Florida for at least six months. Under Florida Statutes § 61.021, a marriage cannot be dissolved by a Florida court without at least one party involved being a resident.
Grounds for Divorce
Grounds for divorce can require more evidence and fall into one of two categories: an irretrievably broken marriage or the mental incapacity of a spouse. Mental incapacity must be shown as under Florida law and have existed for three years before filing, as required by Florida Statutes § 61.052.
Most people seeking a divorce cited an irretrievably broken marriage as grounds, and must show there are such flaws in the relationship to justify ending it. There are many different reasons for seeing a marriage as broken, but ultimately a judge will review the reasons put forth and decide whether to grant a divorce or not.
Knowing if you can meet these requirements is the first step for getting a divorce in Coconut Grove. Your attorney can help you put together a petition to dissolve your marriage and show that you should be granted a divorce.
Filing a Divorce Petition with the Court
If you meet the requirements for divorce, then you can file your petition with the court that has jurisdiction over your place of residence. When you and your spouse have agreed to an uncontested divorce and have an agreement governing the ending of the relationship, then the rest of the process can be relatively simple. A judge will review your petition and accompanying evidence, and will render a decision on whether the marriage is irretrievably broken without further proceedings.
If there is an answer by your spouse that contests the divorce (or if there is a minor child at the time of filing), then more proceedings are necessary under § 61.052. A judge must conduct further hearings or require that the parties attend counseling rather than grant the divorce outright.
A family law attorney can help you navigate each of these scenarios and provide the necessary documentation at each stage. In the event of a contested divorce, you may need more evidence of the relationship, of how you meet the requirements, and of your own finances before getting a final judgment in your favor.
Discuss Divorce Requirements with a Coconut Grove Attorney Today
You may have decided that ending your marriage is the right choice for you. As you consider filing for divorce in Coconut Grove and showing that you meet the requirements, you can let an attorney guide you.
The Florida Probate & Family Law Firm stands ready to help you in this situation, starting with meeting the law’s requirements. For a free case evaluation, contact our offices and schedule an appointment as soon as possible.