There are only two things in Florida that are grounds for divorce. Getting a divorce in Florida requires you to file what is known as a Petition for Dissolution of Marriage. Aside from basic details about the marriage and the parties in the marriage, you have to indicate a reason for the divorce. As practical as it may seem, in Florida there is no need to get all wrapped up with the reasons that led to the decision to get a divorce because it is a “No Fault” state and what that means will be further explained below. However, because it is a no-fault state, there are only 2 things that are grounds for Divorce or the Dissolution of Marriage:
Irreconcilable Differences – This is the most common reason for divorce. Florida is a no-fault divorce state, which means that no one is assigned fault by the court. You do not need to claim adultery, abandonment or cruelty. If you do not want to be married, in Florida you do not have to be. There is only a need for the party that is filing for divorce to indicate that the marriage is “irretrievably broken.” This is known as irreconcilable differences. All this means is that the couple is no longer able to co-exist amicably.
Mental Incapacity – The second ground for dissolution of marriage occurs when one of the parties is mentally incapacitated. However, a dissolution of marriage will not be allowed unless the party alleged to be mentally incapacitated has been adjudged incapacitated for at least 3 years prior to the divorce being filed.
If you have any questions as to whether you have irreconcilable differences or whether your spouse has been adjudged incapacitated, please contact Casais & Prias. Our firm will take an individualized approach to identify the strategy that works for you.