Dissolution of Marriage

Question 1

Jurisdiction

Answer 1

circuit court
- “Simplified Dissolution of Marriage” = no property & no kids = county court

Question 2

No Fault Divorce

Answer 2

FLORIDA IS A NO FAULT DIVORCE STATE. FAULT, IN TERMS OF WHO CAUSED THE DIVORCE, DOES NOT MATTER.

PETITIONER MUST PROVE THAT MARRIAGE IS IRRETRIEVABLY BROKEN.

Question 3

Irretrievably Broken

Answer 3

if party admits = established that it is irretrievably broken.
if disputed (ex “doesn’t want to get divorced): Judge had 3 options:
1. order counseling;
2. continue the proceedings for a reasonable length of time, not to exceed three months to allow the parties to effect a reconciliation; or
3. take such other action as may be in the best interests of the parties and any minor child of the marriage.

Question 4

Residency Requirements

Answer 4

subject-matter jurisdiction: at least 1 of the parties must have resided in Florida for the preceding 6 months

*residency = intent to live somewhere.