If you are considering divorce in Florida, one of the first questions you may have is whether you need a specific legal reason to end your marriage. Unlike states that historically required a spouse to prove adultery, abandonment, cruelty, or another form of marital misconduct, Florida generally follows a no-fault divorce system.
Under Florida law, there are two statutory grounds for dissolution of marriage. For most divorcing couples, the applicable ground is simply that the marriage is irretrievably broken.
What Are the Legal Grounds for Divorce in Florida?
Florida Statute § 61.052 provides two grounds for a court to enter a judgment dissolving a marriage:
- The marriage is irretrievably broken; or
- One spouse has been adjudicated mentally incapacitated for the required statutory period.
Fla. Stat. § 61.052(1) (2026). Florida law specifically provides that these grounds may be pleaded generally. (Online Sunshine)
For the overwhelming majority of Florida divorce cases, the petition is based on the allegation that the marriage is irretrievably broken.
What Does “Irretrievably Broken” Mean in a Florida Divorce?
An irretrievably broken marriage is one that cannot reasonably be repaired or restored.
A spouse filing for dissolution generally does not have to prove that the other spouse caused the marriage to fail. There is no requirement to establish adultery, abandonment, incompatibility, cruelty, or similar misconduct before a Florida court can dissolve the marriage.
Instead, the petition will ordinarily allege that the marriage between the parties is irretrievably broken.
This is why Florida is commonly described as a no-fault divorce state.
Does My Spouse Have to Agree to the Divorce?
No. One spouse does not ordinarily have the power to prevent the other spouse from obtaining a divorce simply by refusing to agree that the marriage should end.
Florida Statute § 61.052 does, however, give the court certain options when the responding spouse denies that the marriage is irretrievably broken or when the parties have a minor child.
In those circumstances, the court may:
- order one or both spouses to consult with a marriage counselor or another qualified professional;
- continue the divorce proceeding for a reasonable period of up to three months to allow the parties an opportunity to reconcile; or
- take other action that may be in the best interests of the parties and their minor child.
If the court ultimately determines that the marriage is irretrievably broken, the court must enter a judgment of dissolution. Fla. Stat. § 61.052(2) (2026). (Online Sunshine)
Is Adultery a Ground for Divorce in Florida?
Adultery is not required as a ground for obtaining a Florida divorce.
A spouse generally does not need to prove that the other spouse cheated in order to dissolve the marriage. An irretrievably broken marriage is sufficient.
That does not necessarily mean marital misconduct is irrelevant to every issue in a divorce. Certain conduct may become relevant to particular financial or parenting disputes when Florida law specifically allows the court to consider it. But misconduct and the legal ground for dissolution are separate questions.
For purposes of ending the marriage itself, a party ordinarily needs only to establish that the marriage is irretrievably broken.
Can Abandonment, Cruelty, or Domestic Violence Be Grounds for Divorce?
Florida does not require a spouse to establish traditional fault-based grounds such as abandonment or cruelty before obtaining a dissolution of marriage.
Domestic violence, however, can have significant legal consequences apart from establishing the basis for divorce. Depending on the circumstances, allegations or findings involving domestic violence may affect issues such as injunctions for protection, parenting arrangements, time-sharing, and the safety provisions included in a parenting plan.
Someone facing an immediate safety concern should therefore distinguish between the legal requirements for obtaining a divorce and the separate remedies that may be available for protection from domestic violence.
What Is the Mental Incapacity Ground for Divorce in Florida?
Florida’s second statutory ground for dissolution involves the mental incapacity of one spouse.
This ground has substantially more demanding requirements than an ordinary irretrievably broken marriage case. Under Fla. Stat. § 61.052(1)(b), the allegedly incapacitated spouse must have been adjudged incapacitated under Fla. Stat. § 744.331 for at least three years before the dissolution.
The statute also contains special notice and representation requirements designed to protect the interests of the incapacitated spouse. For example, depending on the circumstances, the spouse’s guardian or certain relatives must receive notice, and the court may appoint a guardian ad litem when necessary. (Online Sunshine)
Because of these additional procedural requirements, a dissolution based specifically on mental incapacity should be evaluated carefully before filing.
How Long Do You Have to Live in Florida Before Filing for Divorce?
The grounds for divorce should not be confused with Florida’s residency requirement.
Under Fla. Stat. § 61.021, at least one spouse must have resided in Florida for six months before the petition for dissolution of marriage is filed.
Florida’s official family-law materials likewise instruct parties that either the petitioner or the petitioner’s spouse must have lived in Florida for at least six months before filing for dissolution. (Root)
Residency is therefore a prerequisite to obtaining a Florida dissolution, but it is not itself a ground for divorce.
Do You Have to Prove Why the Marriage Failed?
Usually, no.
Florida’s no-fault system generally avoids requiring parties to put evidence before the court about who was responsible for the breakdown of the marriage. The central issue is whether the marriage is irretrievably broken—not which spouse bears greater responsibility for the relationship ending.
That distinction can make the legal process for establishing the dissolution itself more straightforward, although other issues in the case may remain heavily disputed.
Those issues can include:
- equitable distribution of marital assets and debts;
- alimony;
- parental responsibility;
- parenting plans and time-sharing;
- child support;
- attorneys’ fees; and
- other financial or parenting-related relief.
In other words, agreeing that the marriage should end does not necessarily mean that the divorce will be uncontested.
What If We Agree on Everything?
Spouses who agree that their marriage is irretrievably broken and who are able to resolve the remaining issues may be able to proceed with an uncontested dissolution.
Florida Courts provides separate approved forms for different types of dissolution cases, including cases involving minor children, property, and simplified dissolution proceedings. (Florida Courts)
Even in an uncontested case, however, the parties must satisfy Florida’s statutory and procedural requirements before the court can enter a final judgment.
Filing for Divorce in Tampa or Hillsborough County
A dissolution of marriage is filed in Florida circuit court. In Hillsborough County, dissolution proceedings are governed not only by statewide Florida family-law requirements but also by local procedures applicable in the Thirteenth Judicial Circuit.
The issues that need to be addressed at the outset will depend on the particular marriage. A divorce involving substantial assets, a business, real estate, alimony claims, minor children, disputed time-sharing, or complicated income may require significantly more preparation than a straightforward uncontested dissolution.
Understanding those issues before filing can help avoid unnecessary disputes and procedural problems later in the case.
Speak With a Tampa Divorce Attorney
If you are considering filing for divorce in Tampa, Hillsborough County, or elsewhere in Florida, understanding the grounds for dissolution is only the beginning. Decisions made at the start of a divorce can affect property division, support, parenting arrangements, and other important rights.
Cigar City Law, LLC assists clients with Florida divorce and family-law matters, including contested and uncontested dissolutions of marriage.
To discuss your situation with a Florida family-law attorney, contact:
Cigar City Law, LLC 401 E. Jackson St., Suite 3300 Tampa, FL 33602 Telephone: (813) 575-7579
Frequently Asked Questions About Grounds for Divorce in Florida
Is Florida a no-fault divorce state?
Yes. A spouse can generally seek dissolution by alleging that the marriage is irretrievably broken. The petitioner ordinarily does not need to prove adultery, abandonment, cruelty, or another marital fault. Fla. Stat. § 61.052(1)(a) (2026). (Online Sunshine)
Can my spouse refuse to give me a divorce in Florida?
A spouse may contest whether the marriage is irretrievably broken, but that does not necessarily prevent a divorce. Florida law gives the court certain options, including a continuance of up to three months in qualifying circumstances. If the court finds the marriage irretrievably broken, it must enter a judgment of dissolution. Fla. Stat. § 61.052(2) (2026). (Online Sunshine)
Do I have to prove adultery to get divorced in Florida?
No. Adultery is not required to establish the statutory ground for dissolution. An allegation that the marriage is irretrievably broken is ordinarily sufficient.
How long must I live in Florida before filing for divorce?
At least one spouse must reside in Florida for six months before filing the petition for dissolution of marriage. Fla. Stat. § 61.021.
What are the two grounds for divorce in Florida?
Florida recognizes an irretrievably broken marriage and qualifying mental incapacity of a spouse as statutory grounds for dissolution. Fla. Stat. § 61.052(1) (2026). (Online Sunshine)
This article is for general informational purposes only and does not create an attorney-client relationship or constitute legal advice for any particular situation.