What Are the Grounds for Divorce in Florida? (2026 Answer Guide)

Florida recognizes only two legal grounds for divorce under F.S. §61.052: the marriage is “irretrievably broken,” or one spouse has been adjudged mentally incapacitated for at least three years. 

Florida eliminated fault-based grounds — adultery, abandonment, cruelty — in 1971 when the legislature passed the Dissolution of Marriage Act.

The no-fault framework simplifies the legal basis for filing but does not simplify the contested terms — custody, property division, and alimony — that follow. Understanding how the divorce process begins starts with understanding what Florida law requires to end a marriage.

Key Takeaways

• Florida is a strictly no-fault divorce state — neither spouse must prove wrongdoing to obtain a dissolution of marriage under F.S. §61.052.
• “Irretrievably broken” means the marriage cannot be saved, and one spouse’s testimony to that effect is sufficient for the court to grant the dissolution.
• Mental incapacity of one spouse is the only alternative ground, requiring adjudication under F.S. § 744.331 for at least three consecutive years.
• Adultery, abandonment, and cruelty are not grounds for divorce in Florida, though adultery’s economic impact may affect alimony calculations under the 2023 reform (SB 1416, F.S. §61.08).

Filing for divorce without understanding Florida’s no-fault standard leads to wasted motion on fault claims that Broward County courts cannot consider. Scott A. Levine, P.A., focuses every case on the contested terms that actually determine the outcome — schedule a consultation. 

What Does “No-Fault Divorce” Mean in Florida?

No-fault divorce means neither spouse must prove the other committed wrongdoing — such as adultery, abuse, or abandonment — to obtain a dissolution of marriage. Florida adopted the no-fault standard in 1971, abolishing all traditional fault-based grounds and replacing them with the single standard of “irretrievably broken” under F.S. §61.052(1)(a).

The no-fault framework carries practical consequences for Broward County spouses:

• No proof of misconduct required — The petitioner does not need to present evidence of infidelity, cruelty, or desertion to file for or obtain a divorce.
• No consent required — One spouse can file for dissolution even if the other spouse opposes the divorce. Florida courts do not force spouses to remain married.
• Traditional defenses abolished — F.S. §61.044 eliminated the defenses of recrimination, condonation, collusion, and laches that existed under Florida’s pre-1971 fault system.

The no-fault standard applies to every Florida divorce regardless of county, marriage length, or complexity. Broward County divorce filings follow the same F.S. §61.052 standard as every other circuit in the state.

What Is an “Irretrievably Broken” Marriage Under Florida Law?

An “irretrievably broken” marriage is one that cannot be repaired, and one spouse’s sworn testimony that the marriage is broken satisfies the statutory standard. F.S. §61.052 does not define “irretrievably broken” with specific criteria — the legislature intentionally left the term broad so that any spouse who genuinely believes the marriage cannot continue can obtain a dissolution.

Broward County courts follow a straightforward evidentiary path. If both spouses agree that the marriage is irretrievably broken, the court grants the dissolution without further inquiry into the reasons. 

If one spouse contests the claim, the court may order counseling or a continuance of up to three months under F.S. §61.052(2). After that period, if the petitioning spouse still maintains that the marriage is broken down, the court enters a dissolution judgment.

The standard does not require spouses to articulate specific grievances, assign blame, or produce evidence of particular incidents. A spouse who testifies under oath that the marriage is irretrievably broken has met the burden. 

Broward County judges do not evaluate whether the petitioner’s reasons are “good enough” — the statute treats the petitioner’s declaration as sufficient.

How Does Florida Compare to Fault-Based Divorce States?

Florida’s no-fault system differs fundamentally from states that retain fault-based grounds. Fault states require the filing spouse to prove specific marital misconduct — such as adultery, abandonment for a defined period, habitual intoxication, or cruel treatment — before the court will grant a divorce. Florida eliminated that requirement entirely in 1971.

Factor	Florida (No-Fault)	Fault-Based States
Legal standard	“Irretrievably broken” — F.S. §61.052	Must prove specific misconduct (adultery, cruelty, abandonment)
Spouse’s consent	Not required	Not required, but contested fault claims require evidentiary hearings
Separation period	None required	Many fault states require 6–24 months of separation
Effect on property division	Misconduct is generally irrelevant to equitable distribution	Fault may influence property division
Effect on alimony	Adultery’s economic impact may be considered (SB 1416, 2023, F.S. §61.08)	Fault often directly affects alimony eligibility and amount
Trial complexity	Simplified — no misconduct hearings	Extended — fault must be proven through testimony and evidence

The no-fault framework reduces litigation costs and trial duration because spouses do not spend attorney hours proving or defending against allegations of misconduct. 

Broward County contested divorces focus instead on the financial and custodial terms — alimony, equitable distribution, and child custody — rather than on establishing who caused the marriage to fail.

Does Mental Incapacity Count as Grounds for Divorce in Florida?

Mental incapacity is the only alternative ground for divorce in Florida besides an irretrievably broken marriage. F.S. §61.052(1)(b) permits a spouse to file for dissolution if the other spouse has been adjudged mentally incapacitated under F.S. §744.331 for a preceding period of at least three consecutive years.

The statute imposes specific procedural protections for the incapacitated spouse:

• Notice — The petition and summons must be served on the incapacitated spouse’s nearest blood relative or legal guardian.
• Representation — The guardian must defend and protect the incapacitated spouse’s interests throughout the dissolution proceeding.
• Alimony obligation — The court may require the petitioning spouse to pay alimony to the incapacitated spouse under F.S. §61.08, even though the incapacitated spouse did not initiate the divorce.

The vast majority of Broward County dissolutions proceed under the irretrievably broken standard.

Can Adultery or Misconduct Affect a Florida Divorce?

Adultery and other marital misconduct are not grounds for divorce in Florida, but adultery can influence the financial outcome under specific circumstances. The 2023 alimony reform (SB 1416, effective July 1, 2023) amended F.S. §61.08 to authorize courts to consider adultery and its economic impact when determining alimony amounts. 

The court examines whether marital funds were spent on the extramarital relationship, not the adultery itself.

The misconduct-alimony connection operates within narrow boundaries. A spouse who spent $50,000 in marital assets on an extramarital partner gives the court a quantifiable economic impact to weigh in the alimony calculation. 

A spouse who committed adultery but did not dissipate marital assets provides no economic basis for the court to adjust alimony — the alimony calculation proceeds under the standard F.S. §61.08 factors without any fault-based adjustment.

Florida’s equitable distribution statute (F.S. §61.075) separately allows courts to consider the “intentional dissipation, waste, depletion, or destruction of marital assets” when dividing property. 

An affair that drained marital bank accounts or funded luxury purchases for a third party qualifies as dissipation regardless of the no-fault divorce standard. Spouses who suspect hidden assets or financial misconduct should raise the issue during discovery.

What Are the Requirements to File for Divorce in Florida?

Filing for divorce in Florida requires meeting the residency requirement, identifying the grounds for divorce, and submitting the petition to the circuit court in the county where either spouse resides. F.S. §61.021 requires at least one spouse to have been a Florida resident for a minimum of six consecutive months immediately before filing the petition.

Residency can be corroborated by a valid Florida driver’s license, a Florida voter registration card, or a valid Florida identification card issued under F.S. § 322.051. A sworn statement from a third-party Florida resident who knows the petitioner also satisfies the corroboration requirement under F.S. §61.052(2).

Broward County dissolutions are filed with the Clerk of Court at the Broward County Courthouse in Fort Lauderdale. 

The filing fee is $409 per petition in 2026. Spouses who meet all requirements for a simplified dissolution — no minor children, no dispute over property or alimony, and mutual agreement on all terms — may use Florida Family Law Form 12.901(a) for a streamlined filing process. 

Contested divorces follow the standard dissolution procedure, which includes mandatory mediation before trial in most Broward County cases.

Frequently Asked Questions

Do I need my spouse’s permission to file for divorce in Florida?

Florida does not require both spouses to consent to a divorce. One spouse can file a petition for dissolution and obtain a divorce even if the other spouse opposes the filing. The petitioning spouse must only demonstrate that the marriage is irretrievably broken under F.S. §61.052.

Can I file for divorce based on adultery in Florida?

Florida does not recognize adultery as a ground for divorce. The only grounds are an irretrievably broken marriage or mental incapacity under F.S. §61.052. Adultery may affect alimony calculations under F.S. §61.08 if marital funds were spent on the extramarital relationship.

How long do I have to live in Florida before filing for divorce?

F.S. §61.021 requires at least one spouse to have resided in Florida for six consecutive months immediately before filing the dissolution petition. Residency must be corroborated by a Florida driver’s license, voter registration card, Florida identification card, or a sworn third-party affidavit.

What does “irretrievably broken” mean in a Florida divorce?

An irretrievably broken marriage under F.S. §61.052 is one that cannot be repaired. The statute does not require spouses to prove specific incidents or assign blame. One spouse’s sworn testimony that the marriage is broken satisfies the legal standard for the court to grant dissolution.

Does Florida require a separation period before divorce?

Florida does not require any separation period before filing for or obtaining a divorce. A spouse can file a petition for dissolution on the same day the decision to divorce is made, provided the six-month residency requirement under F.S. §61.021 has been met.

Can my spouse stop the divorce if I want one?

A Florida court will grant the dissolution if one spouse maintains under oath that the marriage is irretrievably broken. The court may order a continuance of up to three months under F.S. §61.052(2) and may recommend counseling, but the court cannot force spouses to remain married.

Does misconduct affect property division in Florida?

Florida’s equitable distribution statute, F.S. §61.075, allows courts to consider intentional dissipation or waste of marital assets when dividing property. A spouse who depleted marital funds through gambling, excessive spending, or transfers to a third party may receive a reduced share of the remaining marital estate.

What is a simplified dissolution in Florida?

A simplified dissolution under Florida Family Law Rule 12.105 is available to couples with no minor children, no pending pregnancy, mutual agreement on the division of all property and debt, and no alimony request. Both spouses must appear at a brief hearing and confirm the marriage is irretrievably broken.

Every Broward County divorce starts with two words — “irretrievably broken” — but the financial and custodial terms that follow determine each spouse’s future for years. Scott A. Levine, P.A., handles both the legal basis and the contested terms under one retainer — schedule a consultation.