Do You Need a Reason to Divorce in Florida?

People have all kinds of reasons to get divorced, but most of them are not relevant in Florida courts. To get divorced in Florida, one spouse must meet the residency requirement and prove that the marriage is “irretrievably broken.”

In other words, you do not need a “reason” to get divorced in Florida.

What Are the Grounds for Divorce in Florida?

Because Florida is a no-fault divorce state, there are only two grounds for divorce. According to The 2021 Florida Statutes § 61.052, the couple must prove that their marriage is irretrievably broken, or one of the spouses must be mentally incapacitated.

In rare cases, the court may consider the reason for the irretrievable breakdown of the relationship when deciding alimony, property division, and/or child custody. For example, if one spouse cheated on the other and used marital funds to conduct the affair, the other spouse may be entitled to reimbursement during the division of property.

Further, divorces involving domestic violence can have implications for the divorce.

What Else Is Required to File for Divorce?

To get divorced, one spouse must have lived in Florida for at least 6 months before filing for a dissolution of marriage (this is called the residency requirement).

The filing spouse (the petitioner) will file for divorce (the Petition for the Dissolution of Marriage) and serve a copy of the document to the other spouse (the respondent).

Once you have served your spouse with the divorce papers, you have officially filed for divorce.

How Long Do You Have to Be Separated in Florida to Get a Divorce?

Unlike other states, Florida does not require a waiting period or period of separation for couples who want to get divorced due to an irretrievable breakdown, but spouses seeking divorce due to mental incapacity must wait for at least three years.

If you and your spouse have an irretrievably broken marriage and agree to get divorced (and agree on the terms of the divorce), Florida has special laws to make your case as simple as possible. The process for a “Simplified Dissolution of Marriage” is streamlined and straightforward, but you will still have to appear in front of a judge and cannot use this if you have any assets.

For this reason (and many others), many couples seek the assistance of a specialized attorney – even for simplified dissolutions. Additionally, simplified dissolutions are not permitted for couples with minor children, spouses seeking alimony, people with assets or people who cannot reach an agreement about their divorce.

Need Help Getting Divorced?

If you need help getting divorced, look no further than Beaulieu-Fawcett | Newell Law Group, P.A. Our award-winning attorneys are well known in the community and committed to protecting your rights.

We can help you navigate your dissolution of marriage from start to finish, negotiating when possible and aggressively litigating when necessary. Our team focuses exclusively on family law, so we are deeply familiar with the divorce process in Florida.

Get started with a free case assessment – call us at 561-819-6208 or contact us online to schedule yours today.