What are accepted grounds for divorce in Florida?

You have likely heard people talking about the grounds for divorce. Some states have a long list of reasons upon which a person can base her request to end her marriage. In Florida, however, a basis for divorce is required on every petition, but the list of options is reduced to two.

Florida Grounds For Divorce

Mentally Incompetent

Florida’s Dissolution of Marriage Statute allows one spouse to divorce another due to incompetence. This, however, must be proven and doing so may require more than the interpretation of the person who wants out of the marriage. Furthermore, the individual who is allegedly incompetent must be found to have been in that condition for at least three years. 

Irretrievably Broken

The second reason that a divorce may be granted is because the marriage cannot be repaired. This ground for divorce, formally known as irretrievably broken, is used in many states for quick, uncontested divorces. In Florida, the process can be quite different.

The court, while not interested in who is responsible for the damaged condition of the marriage, generally wants to be convinced that at least one party believes that there is no chance for reconciliation. When there are children in the marriage, the attempt to divorce may be hindered even further because the court may order alternative actions for the best interest of the children. This can include marriage counseling.

If you are planning to get a divorce in Florida, you should consult with a divorce lawyer who will be able to advise you how to proceed considering your particular circumstances.