What Are Grounds For Filing Divorce in State of Florida?

The Florida Dissolution of Marriage Statues are designed to promote amicable settlement or disputes that rise between the parties in a marriage.  Under Florida divorce law, dissolution of marriage is not based on fault of one or both of the parties.  There are only two grounds for a divorce in Florida:  the marriage is irretrievably broken, or one of the parties is mentally incompetent.

In addition, one spouse must have been a resident of Florida for at least six months prior to filing.  The other spouse must consent to jurisdiction if they are not a resident of Florida.

If there are no minor children involved, and the court finds that the marriage is irretrievably broken, the court will enter a judgment for dissolution.  However, if the court finds that is not the case, they will deny the petition.  If any issues arise that become contested, the judge will want to hear the side of both parties.  Both spouses need to be present in court so that the judge can make a fair ruling.  The judge may elect to send the couple to mediation or marriage counseling to help them work out their differences.

Before you start any legal proceeding, it’s best to consult with an attorney who specializes in divorce and is familiar with the laws in the state of Florida.