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To obtain a dissolution of marriage, one of the parties to the marriage must reside six (6) months in the state before the filing of a petition for dissolution of the marriage. No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally: (a) the marriage is irretrievably broken; (b) mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of Fla. Stat. § 744.331 for a preceding period of at least 3 years.
Based on the evidence at the hearing, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:
(a) if there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage if the court finds that the marriage is irretrievably broken;
(b) when there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
(1) 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
(2) continue the proceedings for a reasonable length of time not to exceed three (3) months, to enable the parties themselves to effect a reconciliation; or
(3) take such other action as may be in the best interest of the parties and the minor child of the marriage. If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage.
If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage. A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. |
