Divorce carries a great deal of emotional weight, but the legal process behind it has a specific name and a defined structure in Florida. Understanding what is dissolution of marriage is the first step toward approaching a Florida divorce with clarity instead of guesswork. Dissolution of marriage is the official legal term Florida uses in place of the word divorce, and it refers to the court process that formally ends a marriage and resolves the related issues between spouses.
For those looking for men only divorce attorneys in Florida, knowing the basic mechanics of a Florida dissolution can make an already difficult time feel far more manageable.
The Florida Residency Requirement
Before a dissolution case can move forward, at least one spouse must have resided in Florida for six months immediately before filing the petition. This requirement is set out in Florida Statute 61.021, and it applies regardless of where the marriage originally took place.
Courts generally expect documented proof of residency, such as a Florida driver’s license, a voter registration card, or sworn testimony from a witness who can confirm the spouse has genuinely lived in the state for the required period.
Grounds for Dissolution of Marriage
Florida is a no-fault divorce state, which means a spouse does not need to prove wrongdoing to obtain a dissolution. Under Chapter 61 of the Florida Statutes, a marriage may be dissolved if it is irretrievably broken, or if one spouse has been adjudged mentally incapacitated for a period of at least three years.
Because Florida is a no-fault state, misconduct usually is not required for divorce, though it may affect alimony or property division.
Simplified Versus Regular Dissolution
Florida offers two types of dissolution of marriage. A simplified dissolution is available when both spouses agree on all terms, have resolved property and debt issues, and neither seeks alimony. Both parties attend the final hearing together.
A regular dissolution is required when disagreements exist or minor children are involved. These cases include financial disclosures, negotiations, mediation, and, if necessary, a trial before a judge.
What the Court Decides
A Florida court handling a dissolution of marriage may need to resolve several distinct matters, depending on the length of the marriage and the circumstances of the family.
These issues include the equitable distribution of marital assets and liabilities, parental responsibility and time sharing when minor children are involved, child support calculated according to the state’s guidelines, and alimony where one spouse demonstrates a genuine financial need and the other spouse has the ability to pay.
Each of these determinations can significantly affect a man’s finances and his ongoing relationship with his children, which is why sound legal guidance matters from the very beginning of the case rather than after problems arise.
The Dissolution Process, Step by Step
The process generally begins when one spouse files a Petition for Dissolution of Marriage, which is then formally served on the other spouse. The responding spouse has twenty days to file an answer. From there, both parties exchange mandatory financial disclosures, and many cases proceed to mediation before reaching a final hearing or trial.
Timelines vary considerably depending on whether the case is contested. An uncontested case can sometimes conclude within a matter of weeks, while a contested case involving custody disputes or significant assets can take many months to resolve.
Circumstances can also change after a final judgment is entered. Job loss, relocation, or a shift in a child’s needs may later require divorce modifications and contempt enforcement in Florida, and Florida law allows adjustments to support obligations or time sharing schedules once a substantial change in circumstances can be demonstrated to the court.
Why Work With an Experienced Family Law Attorney
Florida’s family law system is procedural and detail sensitive, and errors in filing paperwork or financial disclosure can delay a case or negatively affect its outcome. Kenny Leigh & Associates focuses exclusively on representing men in Florida family law matters, helping clients understand their rights and build a strategy suited to their specific circumstances.
Contact our office today to schedule a confidential consultation and discuss the next steps for your case.
FAQs
How long do you have to live in Florida before filing for dissolution of marriage?
You must have resided in Florida for at least six months immediately before filing the petition, and the court generally requires documented proof of that residency, such as a driver’s license or voter registration card.
Is Florida a no-fault divorce state?
Yes. A spouse does not need to prove fault to obtain a dissolution of marriage. The petitioner only needs to show that the marriage is irretrievably broken, or that a spouse has been mentally incapacitated for at least three years.
What is the difference between a simplified and a regular dissolution of marriage?
A simplified dissolution is available when both spouses agree on all terms and neither is seeking alimony, while a regular dissolution is used when the parties disagree on any issue or when minor children are involved.