DIVORCE OR DISSOLUTION OF MARRIAGE
In Florida, either spouse can file for dissolution of marriage. Pursuant to Florida Statutes 61.052, a judgment of dissolution of marriage will not be granted unless the parties plead generally that the marriage is irretrievably broken or one of the parties is mentally incapacitated. Further, in order to dissolve the marriage, one party must reside in the state of Florida for at least 6 months prior to the filing of the petition. Florida is a no-fault state and has eliminated fault as a grounds for divorce. In certain limited circumstances, fault may be considered in regard to the award of alimony, equitable distribution, and custody determinations if the fault basis has a direct correlation with marital monies improperly spent for purposes outside the marriage, such as a paramour or in a custody scenario, where the activity is not in the best interests of the child. The issues presented in each divorce case vary; however, they may address time-sharing with children, child support, alimony, equitable distribution of marital property, and attorney’s fees.