What Are the Grounds for Divorce in Florida?

If you’ve decided you don’t want to remain married, you’re probably wondering what the grounds for divorce in Florida are. Which legal and legitimate reasons can you give for separating from your husband or wife? 

Unfortunately, when you want to get a divorce in Florida, the state requires more from you than simply paying a fee. Therefore, determining suitable grounds for seeking your divorce is essential.

Two Grounds for Divorce

In Florida, there are just two grounds on which you can seek a divorce. One is mental incapacity on the part of one party. The other is an irretrievable marriage breakdown. 

It’s fairly rare for someone to use the former when seeking a divorce in Florida. Nevertheless, it does occasionally happen. The court will only grant a divorce on these grounds in certain circumstances. This is when the courts have judged the party in question to be mentally incapacitated for three years or more. 

Irretrievable marital breakdown is a more common reason for divorce in Florida. This ground is “no-fault.” This means that one of the parties isn’t blaming the need for divorce on the other’s actions. Fault-based reasons for divorce, such as adultery or cruelty, aren’t recognized in Florida, although they are in other states. 

How Do I File for A No-Fault Divorce?

If you’re filing for a divorce on the grounds of irretrievable breakdown, there are some things you need to know:

  • At least one party must have lived in the state for at least six months before filing for the divorce. 
  • If one spouse denies the marriage has irretrievably broken down, or if you’re parents of minor children, you may need:
    • To seek a consultation with a psychiatrist, marriage counselor, mediator, or similarly qualified party.
    • To wait for a period of up to three months for the court to grant your divorce.

Should there be a contested divorce, it may take many months or even longer to resolve. Therefore, showing a willingness to compromise and work together to reach your settlement is vital.

Will I Require An Attorney If I’m Filing for A No-Fault Divorce?

If you’re keen to file for a no-fault divorce, you might be wondering if an attorney is necessary. Although it isn’t a legal requirement to have an attorney, it’s wise to use one. This is because, even when both parties agree that your marriage is irretrievably broken, there may be other disagreements. You may disagree about the division of property, alimony, or sharing of custody. Working with a qualified attorney will help when negotiating details to reach a settlement that you’re happy with.

Here at Thomas McDonald Law, our divorce attorneys are on hand to help. We understand the complex nature of separation and divorce. When you come to us, you can be confident that we’re working hard on your behalf. As specialists in the field, we have an in-depth knowledge of family law and can offer you expert advice. Contact us to find out more about the grounds for divorce in Florida and begin the process of filing.

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