Divorce, or dissolution of marriage, is the procedure by which two spouses legally end their marriage. Florida is a “no fault state,” meaning that neither spouse is required to prove any wrongdoing of the other spouse. The spouse seeking a divorce must allege either that the marriage is “irretrievably broken” or that his or her spouse has been declared mentally incapacitated for at least three years.
- Before filing for divorce, you must meet certain residency and jurisdictional requirements.
- The spouse who files for dissolution of marriage is called the Petitioner; the responding spouse is known as the Respondent.
- When the Petitioner files and serves the Respondent with a Petition for Dissolution of Marriage, the process begins.
- Once served, the Respondent generally then has 20 days to file an Answer—the document in which the Respondent admits or denies each of the allegations made by the Petitioner in the Petition for Dissolution of Marriage.
Through settlement negotiations, mediation, collaborative law process, litigation, and or the appellate process, our attorneys will zealously advocate on your behalf and strive to achieve strategic and tailored results for you.
Under certain circumstances, the Court may order the parties to attend counseling, continue the case for a period of time to give the parties a chance to reconcile or take other action that is in the parties’ best interests. If the Court finds that the marriage is irretrievably broken, it will order that the marriage be dissolved.
At Nicole L. Goetz, P.L., we strive to help our clients understand that this conflict is but one piece of an otherwise fulfilling life. Beginning a new life without one’s partner is a very emotional and serious event that can impact not only each spouse, but their friends, family, and children. Our experience, knowledge, and individual attention to the unique circumstances of each case can help a client navigate the legal aspects of this major life transition with confidence and support.
To receive more information on the legal aspects of divorce and for confidential legal advice regarding your personal circumstances, please contact us at our office in Naples, Florida to schedule a consultation.