One Spouse Wants Divorce, Other Does Not…

By Robin Roshkind, Esquire, West Palm Beach, Florida

If you have decided to move out and on from your bad marriage, according to Florida law, you DO NOT have to ask your spouse for permission to divorce.  You just need to meet the residency requirement of the State of Florida, which is living here more than 6 months, and you need to declare in your divorce petition and also in open court at final hearing that irreconcilable differences exist between the parties.

However, your spouse must have his/her due process rights protected, so you either must serve divorce papers through the sheriff or a process server, OR your spouse must waive service of process by signing and filing a waiver.   If you have decided to divorce but are not sure of the procedure, contact one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or look for more information on the Firm’s web site at http://www.familylawwpb.com.

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