Florida Divorce Laws

Residency Requirements for Divorce in Florida

If you or your spouse have lived in Florida for the previous six months, you are eligible to file for divorce in Florida. You may file in either the county where you live or, if different, in the county where your spouse lives. For instance, if you live in Fort Lauderdale, but your spouse has moved to Tallahassee, you may choose to file for divorce in Leon County, rather than Broward County, for your spouse's convenience.

Grounds for Divorce in Florida

There are only two grounds for divorce in Florida--that the marriage is irretrievably broken, or that one of the parties is mentally incapacitated. According to Florida Statues Chapters 61.052, the mental incapacity must have existed for the previous three years.

Spousal Support (Alimony) in Florida Divorce Cases

Like other states, Florida divorce law allows for alimony, or spousal support, on an individual case basis. The court will consider the circumstances of each party to the divorce, as well as the length of the marriage and each spouse's economic circumstances, in deciding on spousal support.

Child Custody in Florida Family Court

Florida courts have jurisdiction over child custody even when the child is not present in Florida, if it appears to the court that the child was moved out of Florida to influence the determination of child custody. Florida family courts will establish joint custody unless there is reason to believe joint custody is not in the child's best interest. The court may also award grandparents' rights, if it is in the child's best interest according to the court.

Child Support in Florida Divorce Cases

Child Support in Florida is awarded according to the Income Shares model, unless there is a reason, in the court's sole judgment, to award child support other than according to the guidelines. The court will consider the financial circumstances of both parents in determining the proper child support award.

Contact a Divorce Lawyer in Florida

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