Dissolution of Marriage
Florida is a “No Fault” state when it comes to divorce proceedings. What that means is neither party is required to claim the other party did something improper before he/she can be granted a divorce. For example, in many states the party filing for divorce must make a legal claim which would justify the court taking action to dissolve the marriage such as fraud, infidelity, non-consummation, etc. In Florida a party need only claim one of the following two reasons for seeking the divorce:
1.) The marriage is irretrievably broken; or
2.) One of the parties is mentally incapacitated and has been so for a period of no less than 3 years.
Subject Matter Jurisdiction
In order for the court to take jurisdiction over the case at least one of the parties must have been a resident of the State of Florida for at least 6 months immediately prior to the date the Petition for Dissolution of Marriage was filed.
Venue of the action is proper in the county where the parties last resided together as husband and wife.