Irretrievably Broken or Mental Incapacity

In the State of Florida there are two reasons to file for divorce. The first reason, and the most common, is the marriage is irretrievably broken and the second reason is mental incapacity of one of the parties. Irretrievably broken means that the parties can no longer work out their differences. There is no test that a party has to pass.

No You Should Work Things Out!

However, the statute allows the judge to order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or the judge can continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation. This is rarely used and is likely most common when children are involved.

Only for Residents

So the judge finds the marriage meets a requirement for obtaining a divorce, now you need to meet the minimum residency test. To obtain a divorce per the statute, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. Residency can be proven by showing proof of your driver license, voter’s registration, valid Florida identification card, or the testimony or affidavit of a third party.

Filing Fees

In order to file for a divorce, along with having all of the necessary documents, a fee has to be paid. Generally the fee is a little over $400 dollars for filing and the other party has to be served, which will probably run you another $40 dollars if you are able to personally serve the other party. However, the cost of service may go up if you are not able to locate the other party and constructive notice has to be given.