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What are the grounds for divorce in Florida? Visit us: Call: 813-616-3557

One question we are asked often is, “What are the grounds for divorce in Florida?”

Florida is a no-fault divorce state. That means that for a divorce to be granted, one of the parties must assert that the marriage is irretrievably broken. In other words, one of the parties must state in the Petition for Dissolution of Marriage that differences or disputes between the couple cannot be resolved. This is sufficient for a no-fault divorce. It does not have to be proved.

The other legal ground for divorce in Florida is that your husband or wife has been mentally incapacitated for a period of at least three years. This requires the diagnosis and testimony of at least two psychiatrists. As a practical matter, going through the expense of getting a divorce on the grounds of mental incapacity is very rare as in most cases the divorce can also be granted for the easier to prove reason that the marriage is irretrievably broken which requires only an assertion that it is broken.

Traditional grounds for divorce, such as adultery, abandonment or cruelty do not exist in Florida. However, they may factor into a divorce in other ways.

For more information or to schedule a complimentary consultation contact us at:

All Family Law Group
511 West Bay Street #450
Tampa, Florida 33606 - Bruised Broken Rebuilt No More Room In Hell