Divorce is never an easy decision, but understanding your rights and the legal framework in Florida can make the process more manageable. Whether you’re considering divorce or are in the early stages of filing, it’s essential to understand the legal grounds for divorce and what they mean for your case. At Casais & Prias, PLLC, our experienced family law attorneys in Miami help clients navigate the complexities of Florida divorce law with clarity and compassion.

Florida Is a No-Fault Divorce State

Florida is a “no-fault” divorce state, which means you don’t need to prove that your spouse did something wrong in order to file for divorce. This simplifies the process in many ways, as it reduces the need for adversarial litigation over blame.

There are only two legal grounds for divorce in Florida:

The Marriage Is Irretrievably Broken
This is the most common ground for divorce in Florida. It means that the marriage cannot be saved, and there is no reasonable chance for reconciliation. The court generally does not require further explanation beyond one spouse’s sworn statement that the relationship is irreparably damaged.

Mental Incapacity of a Spouse
The less common ground is if one spouse has been declared legally incapacitated for at least three years before the divorce is filed. This requires supporting documentation, such as a court order declaring the mental incapacity, and may involve additional legal steps to protect the rights of the incapacitated spouse.

Contested vs. Uncontested Divorce

Even though fault is not required, that doesn’t mean all divorces are simple. If both parties agree on all key issues—such as property division, child custody, and support—it’s an uncontested divorce, which can often be resolved more quickly and with fewer legal expenses.

If the spouses disagree on one or more major issues, the case becomes contested, which may involve mediation, negotiations, or a trial before a judge.

Residency Requirements for Filing Divorce in Florida

Before filing for divorce in Florida, at least one spouse must have lived in the state for a minimum of six months. Residency must be proven through documentation such as a Florida driver’s license, voter registration, or testimony.

If you live in Miami, you will typically file in Miami-Dade County. Casais & Prias, PLLC handles divorce filings throughout South Florida and is highly experienced with the local court procedures.

Call Casais & Prias, PLLC for Experienced Legal Help

Whether your divorce is amicable or highly contested, having an experienced legal team on your side is crucial. The attorneys at Casais & Prias, PLLC will protect your rights, provide clear legal guidance, and advocate for your best interests every step of the way.

From resolving disputes over child custody to ensuring equitable division of marital assets, we are committed to helping our clients achieve fair and sustainable outcomes.

Contact us at (305) 722-8015 to schedule your consultation and take the first step toward clarity and resolution.

Florida Divorce Law FAQs

Do I have to prove fault to get divorced in Florida?
No. Florida only requires that the marriage is irretrievably broken or that one spouse has been mentally incapacitated for three years.

Can a judge deny a divorce if one spouse wants to stay married?
While rare, a judge may order counseling or delay proceedings if children are involved and one spouse contests the divorce. However, if one party insists the marriage is broken, the court usually proceeds.

How is property divided in a Florida divorce?
Florida follows “equitable distribution,” meaning marital assets and debts are divided fairly—not necessarily 50/50. Courts consider factors like the duration of the marriage and financial contributions of each spouse.

Does adultery affect the outcome of a Florida divorce?
Since Florida is a no-fault state, adultery doesn’t affect whether a divorce is granted. However, it may impact decisions on alimony or property division in certain cases.

What if my spouse doesn’t respond to the divorce petition?
If your spouse fails to respond within the allotted time, you can request a default judgment, allowing the divorce to proceed without their input.

Do I need to attend court for an uncontested divorce?
In some cases, particularly when no children or disputes are involved, a judge may finalize an uncontested divorce without requiring a hearing. Your attorney can advise based on your situation.

Can I file for divorce if I just moved to Florida?
You must be a Florida resident for at least six months before filing. If you don’t meet this requirement yet, you’ll need to wait or file in the state where you previously lived.