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How can I get a divorce in Florida?

Getting a divorce means many things. If you are in Florida, a no-fault divorce state, you can get your divorce pretty easily if you are both on the same page. Unfortunately, this may not happen if there are significant assets and property involved. The statutes of this state mark out clearly what has to happen before a divorce is granted.

You must both state that the marriage is irretrievably broken. This means that you both agree that there is no hope for this union. Another way to get a divorce is that one of you has a mental incapability and it has been in place for at least three years. The nearest relative to the mentally incapable person will be involved and will probably represent the person being filed against. This person or guardian, will protect the rights of the incapacitated person.

In Florida, if you are mentally incapacitated and are in the middle of a divorce, you will either need a guardian that you request or the state will have a guardian ad litem to defend and protect you. Alimony may have to be paid to the incapacitated person. That is for the court to decide.

If you have been in the state for 180 days, or six months, you may legally file for divorce. One of you must meet this requirement, even if you are in the military. It must be documented and provable in the court of law in Florida.

Getting a divorce is difficult in any case. The union that you thought would last forever ends in acrimony and strife. You may need a legal representative, or attorney, who knows the laws of this state and can help you get what is rightfully yours; especially when it comes to property.

Source: Florida Statutes, "Dissolution of marriage," accessed July 13, 2015

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