Florida is considered a “no fault” state when it comes to divorce. That means it is not necessary to prove fault in order for a court to grant your divorce. Years ago, it was necessary to prove adultery or some other grounds before a court would grant your divorce. That is no longer the case. Most states have now adopted a “no fault” law when it comes to granting dissolutions of marriages.
In Florida, there are two ways pursuant to statute that a dissolution of marriage may be granted.
1) The marriage of the parties is irretrievably broken; or
2) One of the parties is mentally incapacitated.
It is very rare to see someone ask for a divorce based upon their spouse being mentally incapacitated. The incapacitated spouse would have to be adjudicated incapacitated by a court and the mental incapacity must be for a period of at least three years.
In almost every case, the grounds for dissolution of marriage is that the marriage is irretrievably broken. Florida only requires one person to claim that the marriage is irretrievably broken. It is not necessary that both parties alleged the marriage is irretrievably broken. So, if you are the spouse that wants to remain married, you cannot prevent the court from dissolving your marriage if the other spouse alleges that the marriage is irretrievably broken. Irretrievably broken simply means that you cannot resolve your marital issues and disputes with your spouse and that your marriage has completely broken down and cannot be repaired. Sometimes the court may order the parties to attempt marital counseling upon request. Florida statutes allow the court to order counseling, but in my experience, it is very rare because couples have often attempted counseling prior to filing for divorce.
If you have questions surrounding the grounds for divorce or you believe your marriage is irretrievably broken, contact your expert family law attorney today to schedule a consultation.