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DIVORCE GROUNDS IN FLORIDA  

In Florida, the legal termination of marriage, commonly referred to as divorce, can be granted based on various grounds as outlined in the state statutes. Here, we detail the grounds recognized under Florida law:  

1. No-Fault Grounds:  • Irretrievable Breakdown: Florida operates as a no-fault divorce state, requiring neither spouse to prove fault for divorce. The primary reason for dissolution is often cited as an "irretrievable breakdown" of the marriage, where both parties agree that the marriage is irreparable.  

2. Fault-Based Grounds (less common yet applicable):  • Mental Incapacity: If one spouse is deemed mentally incapacitated for a minimum of three years prior to filing for divorce, and the incapacity is deemed uncurable, it can serve as grounds for dissolution.  

• Adultery: Although less common due to Florida's no-fault system, adultery can still be cited as a reason for divorce if relevant to the case.  

• Desertion: Willful desertion by one spouse for at least a year without justification can be grounds for dissolution.  

• Cruelty or Abuse: Instances of physical or emotional abuse towards one spouse by the other can be cited as grounds for divorce in Florida.  

• Felony Conviction: A spouse's conviction of a felony and a prison sentence of at least three years can be grounds for dissolution if the other spouse does not forgive or resume cohabitation after the conviction. 

It is important to note that while these fault-based grounds exist, they are less commonly used in modern divorce proceedings due to the simplicity and efficiency of no-fault divorce. No-fault divorce typically involves less conflict and is often less emotionally taxing for both parties.  

In conclusion, Florida offers both no-fault and fault-based grounds for the dissolution of marriage. However, most divorces in the state are granted based on the irretrievable breakdown of the marriage, eliminating the need to assign blame to either party.  

C. Michael Kelly, P.A.