Florida Divorce: Grounds, Residency & Process
Florida is a no-fault state: the usual ground is that the marriage is 'irretrievably broken' (Fla. Stat. § 61.052), with the only alternative being a party's mental incapacity for the preceding three years. One party must have resided in Florida for six months before filing (Fla. Stat. § 61.021).
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Florida attorney about how these rules apply to your situation.
Florida calls divorce “dissolution of marriage,” and it’s a no-fault process — but the ground and the residency rule still shape every case.
The grounds
Florida recognizes only two grounds for dissolution (Fla. Stat. § 61.052):
- The marriage is “irretrievably broken” — the route nearly everyone uses, because it doesn’t require proving wrongdoing; or
- Mental incapacity of one party that has been adjudged for at least the preceding three years.
Because Florida is no-fault, you generally don’t allege adultery, cruelty, or other misconduct to obtain the divorce itself.
Residency
To file in Florida, one of the parties must have resided in the state for six months before the petition is filed (Fla. Stat. § 61.021). This is a jurisdictional requirement — without it, a court generally can’t dissolve the marriage.
What gets decided
A dissolution also resolves the related issues in your case — how property is divided, whether alimony is awarded, and any time-sharing and child support for minor children.
An uncontested case (spouses agree on all terms in a written settlement) moves faster; a contested case requires a judge to decide the disputed issues. To get matched with a local Florida divorce attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Does Florida require fault to get divorced?
- No. Florida is a no-fault state. The usual ground is simply that the marriage is 'irretrievably broken' (Fla. Stat. § 61.052). The only other ground is mental incapacity of a party for the preceding three years.
- How long must I live in Florida before filing for divorce?
- One party must have resided in Florida for six months before the petition is filed (Fla. Stat. § 61.021).
- What does 'irretrievably broken' mean?
- It means the marriage cannot be repaired. You don't have to prove your spouse did anything wrong (Fla. Stat. § 61.052) — Florida calls this dissolution of marriage rather than 'divorce' in the statutes.
Sources
Related guides
- Florida Adoption: Who Can Adopt & Consent Chapter 63 governs adoption in Florida. Section 63.042 allows any person to be adopted and lets a married couple, an unmarried adult, or a consenting stepparent adopt. Section 63.062 requires written consent from the mother, a qualifying father, and the minor if 12 or older, unless waived.
- Florida Alimony: Types & the 2023 Reform Under Fla. Stat. § 61.08 a court may award temporary, bridge-the-gap, rehabilitative, or durational alimony. SB 1416 (2023) eliminated permanent (lifetime) alimony for final judgments entered on or after July 1, 2023, and added new limits. Confirm the current statute for the specific year and percentage limits.
- Florida Child Support: Income Shares & Guidelines Florida uses an income-shares model: the parents' combined net income is applied to a guideline schedule (Fla. Stat. § 61.30). The guideline amount is presumptive — a court may deviate up to 5% without written findings, but more than 5% requires written findings. Health insurance and child-care costs are added.
- Florida Paternity: Establishing Legal Fatherhood Chapter 742 governs paternity for children born out of wedlock. Section 742.10 establishes paternity by judicial adjudication, a voluntary acknowledgment, or an administrative order. A signed voluntary acknowledgment becomes an establishment of paternity and after 60 days is challengeable only for fraud, duress, or material mistake of fact.
- Florida Property Division: Equitable Distribution Florida is an equitable distribution state. The court must begin with the premise that distribution should be equal, unless a justification for an unequal split exists under the statutory factors (Fla. Stat. § 61.075). Marital assets are acquired during the marriage; nonmarital property is owned before marriage or received by gift or inheritance.
- Florida Time-Sharing & Parental Responsibility Florida uses 'time-sharing' and 'parental responsibility' instead of 'custody' (Fla. Stat. § 61.13). A parenting plan is required, and decisions follow the best interests of the child. A 2023 amendment created a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest.