RESIDENCY REQUIREMENTS: One of the parties to the marriage must reside 6 months in the state before the filing of the
petition. The divorce petition can be filed in the county in which either or both spouses reside.
GROUNDS FOR DIVORCE: The two most
common grounds are: 1). Irretrievably breakdown of the marriage or 2). Mental incapacity of one of the spouses.
HOW DO
COURTS IN FLORIDA DECIDE HOW TO DIVIDE UP MARITAL PROPERTY: It is important to understand that, in the vast majority of cases
in Florida, the parties themselves decide how to divide up their property--a Judge does not decide these matters. Parties in Florida
are fully capable of making a contract between themselves to settle their personal and property rights in the event of a divorce.
This agreement is usually called a Separation and Property Settlement Agreement. Except in a very unusual circumstance--such as a
claim of fraud or duress in the negotiation or signing of the agreement--this Agreement is fully binding upon both parties in the
event of a divorce and in most cases is incorporated unchanged into the parties' final divorce decree. However, in the event that
the parties are unable to agree upon a division of their property rights, either just between themselves or with the aid of attorneys
representing each party, there must be a procedure whereby the Court can determine how to divide up parties' property.
Florida is what
is called an "equitable distribution" state. What that means is that, in determining how to divide marital property, a Florida Court
is required to determine what is "equitable" or "fair"--but not necessarily what is "equal", as between the parties. Some states have
what is called "community property", which, in a very simplified manner, means that everything that belongs half to one spouse automatically
belongs one half to the other spouse. That is not the case in Florida. However, determination of what belongs to each spouse is not
controlled by whose name is on the title. For example, just because a house or a car is titled only in the name of the Husband or
the Wife does not mean that the other party has no interest in that property.
The first task that a Judge must undertake in deciding
how to divide the assets of a marriage is to determine which property is "separate" and which property is "marital". In general, "separate"
property is all property (real or personal) acquired by either party during the marriage OR any property acquired by bequest, devise
or gift from a source OTHER than the other party. Marital property is basically everything else.
