Florida law provides a "no fault" divorce meaning that a divorce may be granted based on a finding that the marriage is irretrievably broken or a spouse has been adjugded mentally incompetent for a preceding?period of at least three years.

In Florida, there is no judicial "legal separation"; however, the parties may enter into a Marital Settlement Agreement if they can agree on the matters regarding shared parenting, child support, division of marital assets, alimony and any other marital issues.

In situations where there is a minor child or one spouse denies that the marriage is irretrievably broken, the court need not immediately grant the divorce. In these situations the court may order counseling, mediation or a continuance to allow the parties to reconcile.

In order to file a divorce in Florida, one of the parties must be a resident of Florida for six months prior to the filing of the divorce petition. Physical presence during those six months is not required, the court will consider a party's intent to reside in Florida as a principal residence and the reasons for the absence.

The Law Offices of Kimberly K. Muenter, P.A.
Elder Law & Estate Planning Matters
8270 Woodland Center Blvd
Tampa FL 33614

Phone: 813.906.1064
Fax: 813.856.3489
Email: kim@kkmelderlaw.com

Elder Counsel Member

National Academy of Elder Law Attorneys Member

Visit us on Facebook! Visit us on LinkedIn! youtube

Online Trust Payments

Law Offices of Kimberly K. Muenter, P.A., Attorneys  Wills, Trust & Probate, Tampa, FL