The reasons for divorce in Florida come down to two, and only two: the marriage is irretrievably broken, or one spouse has been mentally incapacitated for at least three years. Florida is a no-fault state, so you do not have to prove adultery, cruelty, abandonment, or any other misconduct to end the marriage. Behavior like an affair can still affect alimony and property division, but it is not what gets the divorce granted.1The Florida Legislature. Florida Code 61.052 – Dissolution of Marriage
Irretrievably Broken: The Ground Almost Everyone Uses
Nearly every Florida divorce, officially called a dissolution of marriage, is filed on the ground that the marriage is irretrievably broken. That is a legal phrase, but the substance is simple. You tell the court the relationship cannot be repaired and there is no reasonable prospect of reconciliation. You do not have to explain why. You do not have to describe fights, name a third party, or produce witnesses. In an uncontested case, the judge accepts the statement at face value.1The Florida Legislature. Florida Code 61.052 – Dissolution of Marriage
Only one spouse needs to take this position. If you believe the marriage is over, your spouse cannot force you to stay married by disagreeing. What a denial can do is trigger a short pause, which is covered further down.
Mental Incapacity of a Spouse
The second ground is narrow. Your spouse must have been formally adjudged incapacitated under Florida’s guardianship laws, and that adjudication must have been in place for at least three consecutive years before you file.1The Florida Legislature. Florida Code 61.052 – Dissolution of Marriage That means a prior court proceeding, medical evidence, and a three-year waiting clock. Given that “irretrievably broken” requires none of those things, this ground is rarely used even when incapacity is present in the marriage.
What Florida Does Not Require You to Prove
Because Florida abandoned fault-based grounds, none of the following are reasons you file for divorce here:
- Adultery
- Abandonment or desertion
- Physical or mental cruelty
- Substance abuse
- Criminal conviction or incarceration
Any of these may be part of why your marriage ended, and any of them can come up later in the case for other reasons. But they are not listed on the petition as the legal basis for the divorce, and the court does not weigh them when deciding whether to grant one.
When Fault Still Affects the Outcome
No-fault filing does not make bad behavior invisible. Florida’s alimony statute expressly allows a judge to consider either spouse’s adultery, and the economic impact of that adultery, when deciding whether to award alimony and how much.2The Florida Legislature. Florida Code 61.08 – Alimony
The bigger effect is usually on property. If your spouse spent marital money to fund an affair, bought expensive gifts for a romantic partner, or hid credit card debt tied to hotels and travel, those expenditures can be treated as dissipation of marital assets. A judge may add the wasted amount back into the marital estate on paper and credit your share accordingly, so the other spouse effectively absorbs the loss. Financial records documenting that kind of spending are worth gathering even though you never have to list adultery as your reason for filing.
The distinction is worth holding onto. Fault does not get you into court. It can change what you leave with.
Court-Ordered Counseling and the Three-Month Pause
When you file on the ground that the marriage is irretrievably broken, the court has authority to pause the case in two situations: minor children are involved, or the other spouse denies under oath that the marriage is irretrievably broken. In either case, a judge can order one or both spouses to consult a marriage counselor, psychologist, psychiatrist, or clergy member, or the judge can stay the case for up to three months to allow time for reconciliation.1The Florida Legislature. Florida Code 61.052 – Dissolution of Marriage
In practice, judges rarely force this when both spouses want the divorce. It comes up most often when one spouse contests the divorce and there are young children. If nothing changes within the three-month window, the case moves forward and the divorce is granted.
Residency: The Gate Before Grounds Matter
Grounds only get you a divorce if the court has jurisdiction to hear the case. At least one spouse must have lived in Florida for a minimum of six months immediately before the petition is filed.3The Florida Legislature. Florida Code 61.021 – Residence Requirements If neither of you meets that, the court cannot proceed regardless of your reasons for wanting the divorce.
Residency is typically shown with one of the following:
- A Florida driver’s license or state ID card issued at least six months before the filing date
- A Florida voter registration card issued at least six months before the filing date
- A sworn affidavit or testimony from a third party with personal knowledge that you have lived in Florida for at least six months
These options are set out on the court’s corroborating witness form.4Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness
Active-duty military members stationed outside Florida can still file here if either spouse has kept Florida as their state of legal residence. For service members, that turns on the official home of record, not the current duty station.
What This Means for Your Filing
If you are filing in Florida, your petition will state that the marriage is irretrievably broken. That single sentence is your legal ground. You do not need to justify it, and your spouse cannot block the divorce by objecting to it, though an objection combined with minor children can trigger a counseling order and a pause of up to three months. Save the details about what actually happened in the marriage for the parts of the case where they carry weight: financial disclosures, alimony arguments, and any claim that marital money was wasted.