Wednesday, September 11, 2013

Must you be legally separated to divorce?

Divorce legally terminates a marriage through the entry of a court order. Jacksonville divorce is governed by the Marriage Dissolution Act, and the divorce process is generally referred to as dissolution proceedings. The Marriage Dissolution Act permits the dissolution of a marriage if the marriage is irretrievably broken or one spouse is mentally incapacitated. A marriage is found to be “irretrievably broken” when the marital relationship has already virtually ended, there is no hope for reconciliation, and it is in the parties’ best interests that their marriage be dissolved.

However, the parties are not required to live apart before seeking a marital dissolution. One of the spouses must have resided in Florida for at least six months before the petition for dissolution of marriage is filed.

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