When getting a divorce in Florida, there are statutes that govern how and even the reason for the separation. You have to understand that Chapter 61 of the Florida Statutes covers divorce in this state. Reading through the first section can be a real eye-opener.
You can file for divorce if you have documentation that the mental capacity of your spouse is not what it should be and that he or she has been mentally incapable for a period of at least three years. The dissolution of marriage proceeding will need to be delivered to the nearest relative of the spouse who is being asked for a divorce. If your spouse doesn’t have any relatives, he or she may have a guardian who can accept the documents.
Beware of this, though. You can be made to pay alimony for an extended time if you go down this road. If the mentally incapacitated person needs support and it can be proven in a court of law, you may end up paying your hard-earned money to this individual for a long time. Your attorney can help you with this. He or she will have a wealth of experience and knowledge about the laws of the state of Florida.
The law also states that you must be able to agree between yourselves and prove that the marriage is irretrievably broken. If you decide to go this route and say that the marriage is irretrievably broken, there are some items on the list to attend to. If your spouse decides to fight this, and there aren’t any children involved, you could end up in a court battle. The judge may take your side though, and decide that, even with one spouse denying the marriage is broken, it obviously needs to be finished.
Knowing what the laws of Florida say about divorce in general is important and can empower you to do what is best for you in these trying circumstances.
Source: The 2015 Florida Statutes, “Dissolution of Marriage,” accessed Nov. 02, 2015