I Want to Divorce In Florida, What Do I Have to Prove?

A Florida divorce must be by the book, meaning that the laws are followed to have a divorce approved by the Court. When filing for a divorce it is important to plead or argue certain facts, like there was a breakdown for the marriage. In fact, the laws surrounding divorce actually require that there be reason for the marriage to end. Simply saying, “I want a divorce,” does not mean that the Court has to or will grant the dissolution of marriage.

Florida Statute 61.052(1) indicates that a divorce can only be granted if the parties show one of two things:

(a) The marriage is irretrievably broken. This means that no matter what the parties have or may try, there is no chance that the marriage can remain intact; or

(b) One of the parties lacks the mental capacity to be married. However, this actually requires the alleged incapacitated party actually be adjudged (ordered by a court) as incapacitated for at least 3 years.. There are provisions that must also be met in this scenario for purposes of filing for divorce.

Before filing for divorce, you should speak with a divorce lawyer about your rights and options.