What Are Grounds For Divorce In Florida?

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In Florida, a dissolution of marriage is the legal term for terminating a marriage. One party must file a Petition For Dissolution alleging “grounds” or reasons for the divorce. However, in Florida, only two legal “reasons” can serve as grounds for the divorce and those are 1) that the marriage is irretrievably broken or 2) that one of the parties to the marriage is mentally incompetent. Usually the first ground is the ground that is alleged in the Petition For Dissolution as the second ground can only be used if a spouse has been adjudged by a court to be incompetent for a period of at least three (3) years. While you may believe your spouse to be incompetent, if a Judge has not signed a judicial order indicating your spouse’s incompetency, then your spouse is not legally incompetent, and the ground cannot be alleged. If the marriage is irretrievably broken, this means that the marriage has so many issues and disputes that they cannot be resolved through any type of counseling or classes, and the marriage is completely and totally broken. If you feel that your marriage is irretrievably broken or your spouse has been adjudicated by a court to be incompetent causing the breakdown of your marriage, please contact our firm for expert advice in helping you navigate the dissolution process.