That party must then file a written answer with the court. Once a petition for dissolution of marriage is filed, it must be legally served upon the other party. For more information regarding the required reading for Dissolution of Marriage cases, please CLICK HERE. The Attestation Certificate shall then be filed with the Clerk of Court. If there are children, and a person answers a petition for dissolution of marriage by denying that the marriage is irretrievably broken, then the court may order the parties to counseling and may delay the proceedings for up to three months to encourage and/or permit the parties an opportunity to reconcile.Īdministrative Order 16-35-B 5th Amended requires the parties to a dissolution of marriage case (Petitioner/Respondent) to read specific Administrative Orders and to complete and sign an "Attestation" certificate. The other is the more common basis - that the marriage is "irretrievably broken." That means that there is nothing that the court can do (such as sending the couple to counseling) to induce the couple to reconcile. One is that one party has been declared legally incompetent for a period in excess of three years. There are two legally acceptable reasons in Florida. To obtain a divorce, there must be a legally acceptable reason. However, because this is a legal process with rules and procedures to be followed, it is advisable to obtain legal counsel. A person is not required to have a lawyer to obtain a divorce. To obtain that judgment a person must file a petition to start a lawsuit, legally serve (notice) his or her spouse, provide and obtain financial information to and from his or her spouse, if children are involved, take a class, and either have an agreement prepared and brought to the court at an appropriately noticed final hearing or have a trial before a judicial officer at which evidence will be taken to allow the judicial officer to make decisions. In that judgment, all property, support and child-related issues ordinarily will be determined. In order to end a marriage, a person must obtain a final judgment from a circuit court dissolving the marriage. Family Law Forms are available on the Florida State Courts website. These matters are governed by the laws of the State of Florida (Florida Statutes) and the Florida Family Law Rules of Procedure. Jurisdiction lies in the Circuit Civil Division. The Process for Ending a Marriage (Divorce)Ī Dissolution of Marriage (Divorce) is an action to terminate the contract of marriage.
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