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In an agreed divorce the spouses can choose to file their divorce in any County in Florida. The Circuit Court in Lee County, Florida allows you to complete your agreed divorce without a court appearance. As such, to offer a truly, virtual, 100% online divorce, we prepare divorce documents for filing in Lee County Circuit Court, Florida. There may be other counties where a court appearance is not required, but most counties require a court appearance. Should you wish to file in a county other than Lee County, then we can prepare your documents for that county. If you choose to file in a county other than Lee County, a court appearance will likely be required for you to finalize your agreed divorce.
×In order to file for divorce in Florida the only requirement, which must be stated in the Petition, is irreconcilable differences. If this is not specifically stated in the Petition for Dissolution of Marriage, the court will not grant a divorce in Florida.
This ground is also commonly referred to as “no fault” divorce.
The spouse who files for divorce is called the Petitioner. The other spouse is known as the Respondent.
In order to file for a divorce in Florida: (i) you and/or your spouse must have lived in Florida for at least six months before filing for divorce; and (ii) you must file in the circuit court in the county in which either you or your spouse has lived for at least ninety days. However, any circuit court in Florida will accept the Petition as long as both spouses agree to file in circuit court where they do not live. This option is done to avoid delays or to use circuit courts that allow certain types of divorce to be completed without any court visits.
In Florida the waiting period to obtain a Final Judgement for Dissolution of Marriage is 20 days from the time the Petition for Dissolution of Marriage is filed for divorce, unless it can be shown to the court that there is a specific circumstance that would make that waiting period unfair to the Petitioning spouse.
Sec. 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Courtesy of: Florida Constitution and Statutes
×Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.
Courtesy of: Florida Constitution and Statutes
×Sec. 6.702. WAITING PERIOD. (a) Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.
Courtesy of: Florida Constitution and Statutes
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