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Florida Law - Can One Party Alone Bring About a Divorce?
One party generally can bring about a divorce in Florida against the other party's desire, if that
party convinces the judge that the marriage is irretrievably broken.
Also, the other party need not live in Florida or appear in court. However, the other party must
be notified of the divorce filing.
If only one party participates, the court may grant the divorce but not divide the property or provide
for alimony or child support. These things will then be dealt with in a later court proceeding.
Birnbaum 615 So2d 241 (1993) (husband lived in New York, wife could file for divorce in Florida, but
could not resolve the property issues unless husband participated in proceedings).
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Click here to go to top Florida divorce law page.
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