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What are Florida Divorce Grounds?

When you consider getting a divorce, one of the first aspects of divorce to discuss with your Tampa family law attorney is divorce grounds.

In some states, you have the option of a fault-based divorce where you must prove that the other spouse engaged in adultery, deserted you for a substantial time or did something that destroyed the relationship. However, Florida is a no-fault divorce state and does not have fault-based grounds. Spouses do not have to prove fault on the part of the other spouse to obtain a divorce. The Florida statute on dissolution of marriage provides the following options as grounds for divorce:

  • The marriage is irretrievably broken. One spouse testifies that disagreements resulted in a marriage breakdown and there is no hope of repairing the relationship.
  • Mental incapacity of one of the spouses. Establishing incapacity must comply with Florida statutes on determining incapacity and the mental incapacity must have existed for at least three years prior to filing for marriage dissolution.

When the couple has no minor children and the other spouse does not contest the divorce, the court can issue a final judgment that the marriage is irretrievably broken. When couples have minor children, the court may order one or both spouses to counseling, continue the divorce proceedings (not longer than three months) to allow spouses the time for possible reconciliation or take other actions that the court deems in the spouses’ or minor child’s best interests.

A Florida divorce law firm can help you address your concerns and make decisions about child support, child custody, alimony and property division.

Westchase Law, P.A. offers clients compassionate yet professional legal services to deal with divorce and family law issues.

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