Florida is a no-fault divorce state. A spouse does not have to prove wrongdoing to end a marriage, and the law recognizes only two grounds for dissolution. A St. Petersburg divorce lawyer can confirm which ground applies to your case, although nearly every Florida divorce proceeds on the first.
An Irretrievably Broken Marriage
The first and far more common ground is that the marriage is irretrievably broken. This means the relationship cannot be repaired. Neither spouse must prove fault, and one spouse’s position that the marriage is over is generally sufficient. If the couple has minor children, or if one spouse denies that the marriage is broken, the court may order a brief continuance or refer the parties to counseling before proceeding. In most cases, the court grants the dissolution once the statutory requirements are met. The page on the divorce process explains the steps that follow.
Mental Incapacity
The second ground is the mental incapacity of one spouse. Florida permits a dissolution on this basis only when the incapacitated spouse has been adjudged incapacitated under Florida law for at least three years before the petition is filed. This ground is uncommon and carries additional procedural protections for the incapacitated party. Section 61.052 of the Florida Statutes sets out both grounds in full.
Fault Is Not Required, but Conduct Can Matter
Because Florida is a no-fault state, conduct such as adultery is not a ground for divorce. It can still affect the outcome in specific ways. A court may consider adultery and the related circumstances when it decides spousal support, and conduct that affects the children can influence time-sharing decisions. A Clearwater divorce lawyer can explain when conduct becomes relevant to the financial and parenting issues in a case.
When a Marriage Was Never Valid
Some marriages are not ended by divorce because they were never valid to begin with. In those situations, annulment may apply instead. An annulment treats the marriage as though it never legally existed, and it rests on different grounds than dissolution.
The McKinney Law Group handles dissolution of marriage on every available ground and across the full range of related issues. Consult a Tampa family lawyer and contact our office to schedule a consultation regarding your situation.