What is Required to Get a Florida Divorce?

Generally, evidence that the marriage is 'irretrievably broken', and that one or both of you has been a resident of Florida for at least 6 months prior to the filing of a divorce is all that is required to obtain a divorce in Florida.

In most cases, the filing party will testify that the marriage is broken and cannot be put back together. 

Proof of Florida residency can usually be proven by producing a Florida Driver License. Florida family law does not require a proof of fault to obtain a divorce. 

Because Florida is a no-fault state, it is not necessary for you to prove that your spouse did anything wrong in order for you to obtain a divorce or dissolution of marriage.  In fact, courts are authorized to grant a divorce even if the other spouse does not want or does not consent to the divorce.  A divorce will be granted with proof of residency and testimony that the marriage is broken.  

The party filing for divorce must attend a short final hearing in court.

The party who is served with divorce papers in Florida is called the Respondent, and is required to file a response to the petition for dissolution of marriage within 20 days from the date the divorce papers were served.

After an Answer is filed by the Respondent, both spouses are required by law to exchange certain documents and information which are used to prepare for trial and to assist the court in judging certain aspects of the case, including parental responsibility and time-sharing, child support, alimony and equitable division of marital assets and liabilities.  

Attendance and completion of a parenting class is required of both parties in a family law case involving minor or dependent children.  

Once all required documents and papers have been filed, the case is ready to be set for trial. A trial may last anywhere from a few hours to a few weeks depending upon the amount of evidence that is presented and the complexity of the issues involved.