Can a spouse file for divorce in Florida?

Spouses can file for divorce in Florida if at least one of them is a state resident. One spouse must file a complaint in the circuit court located in the county of residence. The complaint must contain the grounds for divorce, one of which is abandonment, also called desertion.

How does child custody work in a Florida divorce?

Florida bases child custody on the best interests of children in a dissolution of marriage and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. Assuming there are no negatives, courts will seek to ensure that both the mother and the father play an active role in raising children.

Can a court order alimony in a Florida divorce?

In divorce laws in Florida, a court can order alimony if it is “well-founded.” Factors the courts will look at include: the standard of living during the marriage; the length of the marriage; and the age and physical condition of each spouse.

Can a divorce be filed on abandonment grounds in Florida?

There are two types of abandonment or desertion in Florida: constructive and actual. The spouse filing for divorce on abandonment grounds must establish three elements. First, the spouse who left must have done so “willfully and maliciously.”

Do you have to be a Florida resident to file for divorce?

These will save you both time and money. If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state.

Can a spouse file for divorce in another state?

Instead, you can only file in the state where you or your spouse meet the residency requirement. Before a court will hear a case, one of the spouses must be able to meet the residency requirement.

What makes a marriage a divorce in Florida?

Florida is a no-fault divorce state. The only reason that you have to give for filing for divorce is that your marriage is irretrievably broken. In other words, you must show that your relationship is over and you cannot repair it. Additionally, a spouse being mentally incapacitated for three years is also grounds for divorce in Florida.

Florida bases child custody on the best interests of children in a dissolution of marriage and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. Assuming there are no negatives, courts will seek to ensure that both the mother and the father play an active role in raising children.