What are the grounds for divorce in Florida?

Vanessa Tuttle

Florida managing attorney at Marble Law

Published September 2, 2024 · 4 min read

Key Takeaways

Florida is a no-fault divorce state.
The only “grounds” for divorce in the state are “irreconcilable differences”.

Until 1969, the American divorce landscape looked quite different. Back then, obtaining a divorce required satisfying specific criteria known as "grounds" (constituting a fault-based divorce system). These grounds often centered on marital transgressions like infidelity, cruelty, abandonment, or addiction. The spouse initiating the divorce had the burden of proving the other spouse's wrongdoing. This system, unsurprisingly, often led to acrimonious finger-pointing and drawn-out court battles.

California ushered in a new era in 1969 by becoming the first state to legalize "no-fault" divorce. This meant that couples no longer needed to prove fault to dissolve their marriage. Instead, they could simply cite the irretrievable breakdown of the marriage as the reason. This shift aimed to make the divorce process less adversarial and more focused on navigating the path forward. [1]

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Today, 20 states, including Florida, have embraced the no-fault divorce system. In these states, there's only one reason you need to cite when filing for divorce: irreconcilable differences. This term essentially signifies an "inability to agree on most things or important things," and courts consider it sufficient grounds for dissolving a marriage. The court doesn't delve into the specifics of the disagreements or assign blame to either party.

To summarize, Florida operates under a no-fault divorce system. There's just one reason you need to provide when filing for divorce: irreconcilable differences. This simplifies the process and allows divorcing couples to focus on resolving the financial and child custody aspects of their separation. It's important to remember that while the specific reason for divorce isn't a major factor in Florida, other aspects like the marriage's duration and the presence of minor children can influence the final settlement.