Who Qualifies for a Florida Divorce?

Who Qualifies for a Florida Divorce?

Each state has its own laws surrounding divorce. Get informed on Florida’s divorce requirements to learn if you qualify for a divorce in this state.

No-Fault Divorce State

Florida is a no-fault divorce state, which means spouses do not have to claim the other is responsible for the demise of the marriage. Rather, spouses simply have to tell a court that a marriage is “irretrievably broken” in order for a divorce to be granted.

Filing for Divorce in Florida

In order to file for divorce in Florida, spouses must complete the following steps:

  • At least one spouse must meet the state’s residency requirement. One spouse must be a Florida resident for at least six months before filing for divorce. If this is not the case for a couple, the spouses will need to be legally separated until the residency requirement is fulfilled.

  • One spouse must file a petition that states the marriage is irretrievably broken. Once this has been completed, the other spouse will file an Answer, which allows them to reply to the petition. If spouses agree on all conditions of the divorce, they will submit a written agreement to the court and the divorce will be finalized. If spouses do not agree on all conditions, the divorce may end in trial proceedings.

Divorce is complicated, and is never something that spouses should attempt to complete on their own. Simple acts like moving out of the home could have a detrimental effect on your divorce. It’s best to contact an experienced family law attorney who can help you navigate through the divorce process successfully.

At Owenby Law, our divorce attorneys are both empathetic and compassionate from start to finish. We understand that every divorce is unique, and we’re here to provide tailored service for your situation.


If you’re thinking about beginning the divorce process, contact Owenby Law, P.A. at (904) 770-3141 for a free case evaluation.

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