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	Marital Law Most couples at one time or another experience periods of serious marriage difficulty. However, before you take any legal steps to end your marriage, you should make sure you have thought of all possible ways of saving it. Before making any final decisions, you may wish to consult with a marriage counselor, psychologist, psychiatrist, member of the clergy or other qualified person. If you cannot save your marriage--you may end the marriage by court action. "Dissolution of marriage" is now the legal term for ending a marriage in Florida. A dissolution of marriage is the legal act of terminating a marriage through a court action. The purpose of the Florida Dissolution of Marriage Statute is to promote the amicable settlement of disputes that arise between the parties to a marriage and to lessen the potential harm to the spouses and their children caused by the process of the legal dissolution of marriage. Under Florida law, a dissolution of marriage will not be determined on the basis of the fault of one or both of the parties. There are only two grounds for the dissolution of marriage -- 1) the marriage is irretrievably broken, or 2) one of the parties is mentally incompetent. The ground for the dissolution based on the incompetence of one of the parties is rarely used. It cannot be used unless the party alleged to be incompetent has been held by a judge to have been incompetent for a period of at least three years. The more usual reason used to obtain a dissolution is that the marriage has proved to be irretrievably broken. Irretrievably broken means the parties have differences or disputes that cannot be settled, and they must be so serious that they have caused the total and complete breakdown of the marriage. There are two ways of obtaining a dissolution of marriage in Florida -- 1) Regular Dissolution of Marriage, and 2) Simplified Dissolution of Marriage. In order to file any petition for dissolution of marriage, one of the parties to the marriage must have lived in Florida for six months before filing the petition. This requirement prevents people from out of state from coming to Florida for the sole purpose of using the courts here to dissolve a marriage. The regular dissolution process begins with a "Petition" for dissolution of marriage, filed with the court by the husband or wife, which states the reason for the divorce and sets out what the person wants from the marriage. The person who first files the petition is called the petitioner. The other partner, called the respondent, files an "Answer," which includes the matters on which they agree or disagree within the initial petition. The person filing an Answer should be aware that there are time limitations to respond to the Petition. An answer must be filed within 20 days from the time it is received. One copy is sent to the Petitioner. The original answer is sent to the court. If you have received papers, you must not delay in seeking assistance. Many issues can be determined in the dissolution action: child custody, visitation, parental responsibility, child support, alimony, distribution of assets and debts, and who will pay the attorney's fees. Each party must file a financial affidavit. Other financial documents are required unless both parties agree not to file them. Some couples agree on property settlements, child custody and other post-divorce arrangements before or soon after the original petition is filed. In those cases, a divorce can become final in a shorter period of time. Couples who work out their differences, can appear before a judge for a final hearing with a suggested settlement. This can be done by preparing a written settlement agreement and filing it with the court or by going through mediation and reaching an agreement. Mediation is a procedure to assist you and your spouse in working out an arrangement for reaching agreement without a long, drawn out process. Its purpose is not to save a marriage, but to help divorcing couples reach a solution to their problems and arrive at agreeable terms for handling their marriage dissolution. Many counties have mediation procedures available. Finally, if a couple cannot reach a settlement, the couple may be required to appear before a judge or general master to resolve these matters. If the issues remain unresolved, the couple will go to trial--with each side presenting its case. At this trial, both sides must present their witnesses and submit any proof or evidence to the judge to support their case or to challenge the other sides case. The judge makes the final decision on such contested issues. The dissolution process is designed to make the divorce as fair as possible to both husband and wife. This usually means negotiation and compromise by both partners. In some jurisdictions the couple and their children must attend classes to help them deal with the divorce. Often, the termination of a marriage involves complex questions of law and court procedure which may permanently affect your property and personal rights. You should seek the assistance of an attorney who is experienced in these matters in order to be certain that these rights are not lost. CLICK HERE FOR CONTACT INFORMATION *NOTE - The hiring of a lawyer is an important decision that should not be based solely upon advertisements.  Before you decide, ask us to send you free written information about our qualifications and experience.