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Frequently Asked Questions - Divorce

How do I get a divorce in Florida?

Florida is one of the many states that has abolished fault as a ground for divorce. This law lessens the poten­tial harm to the husband, wife, and their children caused by the process of divorce. All that is required is that the marriage be “irretrievably broken.” Either spouse can file for the dissolution of marriage. All that has to be proved is that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken. (There is another, little-used ground: the adjudication of one spouse as incompetent for at least three years preceding the petition for dissolution). Fault, however, may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determina­tion of parental responsibility.

More information on this ca be found on the Florida Bar website.

Can I sue for Alienation of Affection?

Alienation of affection(s) is a legal action, a tort based on willful and malicious interference with marriage relations by a third party. The elements constituting the cause of action are wrongful conduct of the defendant, plaintiff's loss of affection or consortium of spouse, and a causal connection between the two. Not all states recognize the right to bring an alienation of affections action. It is usually viewed as not being relevant or easily applied in modern society.

Legislation was enacted in Florida to abolish the right to bring an alienation of affection lawsuit.