By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 09, 2023
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All states have certain legal requirements you must meet before you can obtain a divorce. However, the specifics of these requirements often vary from state to state. Getting a divorce in Florida is no different. Below, you'll find information about the Florida legal requirements for divorce, including the "no-fault" grounds for divorce, the required waiting period, and residency requirements.
To learn more about divorce requirements in general, take a look at our article on state requirements for divorce. Below is a table and summary of Florida divorce laws.
Code Section |
§ 61.011 et seq. of the Florida Statutes |
|---|---|
Residency Requirements |
Petitioner must reside in Florida 6 months before filing suit |
Waiting Period |
20 days after the petition was filed |
'No-Fault' Grounds for Divorce |
Irretrievable breakdown |
Defenses to a Divorce Filing |
- |
Other Grounds for Divorce |
Mental incapacity of one party for a preceding period of at least 3 yrs |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own research to verify the state law(s) you are researching.
No-fault divorces are significantly more common than fault-based divorces. This is because proving fault in a divorce is sometimes very difficult. Often, even when a spouse has a claim for a fault-based divorce, they will pursue a no-fault divorce because there is rarely any benefit to getting a fault-based divorce.
In order to get a divorce that is not based on fault, the divorcing spouse must show that there has been an "irretrievable breakdown" in the couple's marriage. Generally, this means that the couple has a substantial incompatibility that cannot ever be resolved. As well, no-fault divorce is available when one spouse has a mental incapacity.
If you would like to know more about divorce law, or if you would like to discuss the possibility of a divorce with a legal professional, there are many divorce attorneys throughout Florida who may be able to help.
Getting divorced is hardly ever a pleasant experience, but things can go really wrong if you don't have the right understanding of the law or help from someone who does. For this reason, if you're planning to get divorced or are already in the process, it's a good idea to get in touch with a skilled divorce lawyer in Florida to get some help understanding divorce laws, procedures, and how they affect your case.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.