5.1 Dissolution of Marriage and Jurisdictional Hurdles

The dissolution of marriage in Florida is governed by Chapter 61 of the Florida Statutes and the Florida Family Law Rules of Procedure. Florida is a purely no-fault divorce state, meaning traditional fault-based grounds like adultery, cruelty, or abandonment are not recognized. Instead, a party seeking a divorce must demonstrate that the marriage is irretrievably broken or that one spouse has been adjudicated mentally incapacitated. However, before a Florida court can address the merits of a divorce petition or award collateral relief such as alimony, child support, or equitable distribution, the petitioner must clear several strict jurisdictional hurdles.

The Six-Month Residency Requirement

Under Section 61.021, Florida Statutes, to obtain a dissolution of marriage, at least one of the parties to the marriage must have resided in Florida for at least six months immediately preceding the filing of the petition. This residency requirement is a strict jurisdictional prerequisite; if neither spouse meets it, the court lacks subject matter jurisdiction and must dismiss the petition. Residency is defined as actual physical presence in the state coupled with the intent to make Florida one's permanent home. It cannot be waived or established by stipulation.

The six months of residency must be consecutive and immediately prior to filing. If a petitioner moves out of state temporarily, the court evaluates whether they maintained their domicile in Florida. Domicile is established by physical presence and the intent to remain permanently.

To prevent collusion, residency must be corroborated. Under Section 61.052(2), Florida Statutes, a petitioner's testimony alone is insufficient. Instead, residency must be corroborated by:

1. A valid Florida driver's license;
2. A valid Florida voter registration card;
3. A valid Florida identification card; or
4. The testimony or affidavit of a third-party corroborating witness who is a Florida resident.

If a driver's license or voter registration card is used, the document must have been issued at least six months prior to filing the petition. Corroborating witnesses must have personal knowledge of the petitioner's residency during the six-month period. Failure to provide corroborating evidence at the final hearing is a fatal defect requiring dismissal.

Subject Matter and Personal Jurisdiction

Under the Florida Constitution, the Circuit Courts have exclusive original jurisdiction over all domestic relations matters, including dissolutions of marriage, custody, support, and property division. County courts lack jurisdiction over these matters.

While subject matter jurisdiction gives the court power to dissolve the marriage itself, the court must also possess personal jurisdiction over the respondent to adjudicate financial matters, such as alimony, child support, or division of property outside Florida. This is the divisible divorce doctrine. Under this doctrine, if only the petitioner meets the residency requirement, the court has in rem jurisdiction to dissolve the marriage status, even if it lacks personal jurisdiction over the out-of-state respondent.

If the court lacks personal jurisdiction over a non-resident respondent, it still has in rem jurisdiction to divide real property within Florida, provided the property is properly described in the petition and constructive service is made. However, the court cannot divide out-of-state property, nor can it enter a personal judgment for alimony, child support, or attorney's fees against that respondent.

To obtain personal jurisdiction over a non-resident spouse, the petitioner must establish jurisdiction through:

1. Personal service within Florida;
2. Voluntary appearance or waiver of service; or
3. Florida's long-arm statute (Section 48.193, Florida Statutes).

The long-arm statute applies if the parties maintained a matrimonial domicile in Florida when the action commenced, or if the respondent resided in Florida before it commenced, and the action is for alimony, child support, or property division. The non-resident spouse must also have sufficient minimum contacts with Florida to satisfy due process.

Grounds for Dissolution

Under Section 61.052, Florida Statutes, a dissolution may be granted only if:

1. The marriage is irretrievably broken; or
2. One party has been adjudicated mentally incapacitated for at least three years.

If the petition is based on the marriage being irretrievably broken, the court's procedure depends on the presence of minor children and whether the respondent disputes the allegation. If there are no minor children and the respondent does not deny it, the court may enter a judgment of dissolution. However, if there are minor children, or if the respondent denies under oath that the marriage is irretrievably broken, the court may order the parties to seek marriage counseling, adjourn the proceedings for a reasonable period (not to exceed three months) to allow reconciliation, or take other action in the best interests of the parties and their minor children.

For the mental incapacity ground, the incapacitated spouse must have been formally adjudicated incapacitated under Section 744.331 at least three years before filing. The petitioner must serve notice on the incapacitated spouse's guardian or next of kin, and the court must appoint a guardian ad litem to protect the incapacitated spouse's interests.

Simplified Dissolution of Marriage

Florida Family Law Rule of Procedure 12.105 provides an expedited process for obtaining a divorce. To qualify for a simplified dissolution, the spouses must meet the following strict criteria:

1. The six-month residency requirement is met.
2. The marriage is irretrievably broken.
3. There are no minor or dependent children, and the wife is not pregnant.
4. The parties have executed a written property settlement agreement dividing all assets and liabilities.
5. Neither party seeks alimony.
6. The parties waive their right to a trial, right to appeal, and right to receive formal financial disclosures under Rule 12.285.

Both spouses must appear together at the final hearing to sign the final judgment. While this process is fast and inexpensive, it is only available to couples who are in complete agreement and have no children or alimony claims.