Florida is known for being one of the states with the highest
divorce rates. The decision to divorce your
spouse should be given much thought and consideration, and it is important to
be familiar with Florida law regarding divorce and whether there are any other
available options. It’s quite possible you will have a lot of questions that
consider the possible grounds for divorce, whether or not you can get your
marriage annulled, and even the specifics of a legal separation if you are not
fully ready for a divorce. It is important to understand the difference between
divorce, annulment and separation in Florida.
Divorce
According to Florida Statute, there are only two grounds for a
divorce: the marriage is irretrievably broken or one of the parties is deemed mentally
incapacitated. A judgment of dissolution of marriage cannot be granted on any
other basis.
An irretrievably broken marriage exists is when
you and your spouse agree that the marriage is broken and there is no possible
way of fixing the marriage. If there are no minor children and the spouses do
not deny the marriage is irretrievably broken, the court will enter a judgment
for dissolution. The process is different if there is a minor child born in the
marriage and/or the spouses deny the marriage to be irretrievably broken. Under either circumstance, the court can do
any of the following:
- Order the
spouses consult with a marriage counselor, psychologist, etc;
- Provide a
length of time, not to exceed 3 months, to allow the spouses to reconcile; or
- Take any
other action that may be in the best interest of the parties.
Keep in mind that the court has the discretion to deny the
request to dissolve the marriage if the court does not find the marriage is
irretrievably broken; however, it is very rare that a divorce will not be
granted even if there are children or the other party does not agree to
it. The court in most cases will accept
one party’s claim that the marriage is irretrievably broken.
Mental incapacity is the second grounds for
divorce, but there is a very important accompanying limitation. A dissolution
of a marriage will not be granted unless the alleged mentally incapacitated
spouse has been adjudged as incapacitated for the prior three years.
Annulment
An annulment is an order to terminate a marriage because the
marriage is void. Unlike a marriage where the request to dissolve is not based
on the validity of the union, an annulment questions whether the marriage was
every valid to begin with. Florida case law provides that a marriage can be
annulled when a person was under the qualifying age. If parental consent is
never obtained, then that is grounds for annulment. Also, a marriage can be
annulled for mental incapacitation or if one or both of the parties were under
the influence, and thereby unable to provide valid consent. Physical inability
to consummate the marriage or consent of marriage through fraud or deception is
grounds for annulment, as well. Many parties seek a divorce over an annulment because
Florida statutes specifically provide a step-by-step procedure for divorce. And
since annulments are governed by common law court rulings, it can be difficult
to establish the burden of proof and adhere to the court proceedings.
Separation
Unlike other states, Florida does not allow spouses to file
for legal separation, which is an arrangement between the spouses to remain
married but live apart. However, there are ways a person can achieve a similar
result while utilizing a different avenue.
Partner with a Tampa Bay divorce attorney at All Family Law Group, P.A. to
get effective solutions to your family law issues. Call us to discuss your
situation at 813-672-1900 or contact us online
for an initial consultation at no charge.
