Grounds for Divorce in Florida

Understanding the law

The issue of grounds for divorce no longer has the significance that it once had. Like most other states, Florida is now a no-fault state. It is not necessary to prove fault in order to obtain a divorce.

You may wonder whether serious misbehaviors that occurred within your marriage can be used to your advantage in your Florida divorce. There are some areas in which grounds are relevant, as the divorce attorneys at Feldman & Schneiderman, P.L. explain below.

Grounds for divorce in a no-fault state

In Florida, marriage can be terminated either by dissolution or by annulment. A dissolution of marriage in Florida may be granted on the following grounds:

  • The marriage is irretrievably broken. All that is required is proof that the marriage was a legitimate marriage, and that one or both parties in the marriage claims that the relationship can no longer function as a marriage.
  • One of the spouses has been mentally incapacitated for a period of at least three years. Two or more psychiatrists must testify that this spouse is incurable and that there is no hope of recovery. Mental incapacity is rarely used today as grounds for the dissolution of marriage, as it is enough to assert simply that the marriage is irretrievably broken.

Even though it is not necessary to prove fault in order to file for divorce in Florida, grounds do factor into Florida divorce in two ways:

  • A limited divorce — which is comparable to legal separation in other states — can be requested on the grounds of cruelty, desertion or voluntary separation.
  • Adultery and the surrounding circumstances are taken into consideration when calculating alimony, if any is awarded.

Grounds may enter into other aspects of the divorce agreement

Even though it is not necessary to use adultery, cruelty, desertion or voluntary separation as grounds for divorce, such destructive behaviors — and, of course, criminal behavior — can influence other aspects of the final divorce agreement. For example, domestic abuse can have a negative impact on custody.

Feldman & Schneiderman, P.L. has 50 years of combined experience practicing divorce law, and deals with any family law issue that is relevant to your divorce, whether or not it is used as grounds for the dissolution of your marriage.

A Boca Raton law firm that understands Florida grounds for divorce

The divorce lawyers at Feldman & Schneiderman, P.L. understand that grounds can have relevance, even in the context of no-fault divorce. We gladly explain the risks, costs and likely outcome of any proposed course of action. To begin addressing your divorce situation, contact us online or call us at 561.923.8807 to schedule a free 30-minute consultation.