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One question we are asked often is, “What are the grounds for divorce in Florida?” 

Florida is a no-fault divorce state. That means that for a divorce to be granted, one of the parties must assert that the marriage is irretrievably broken. In other words, one of the parties must state in the Petition for Dissolution of Marriage that differences or disputes between the couple cannot be resolved. This is sufficient for a no-fault divorce. It does not have to be proved. 

The other legal ground for divorce in Florida is that your husband or wife has been mentally incapacitated for a period of at least three years. This requires the diagnosis and testimony of at least two psychiatrists. As a practical matter, going through the expense of getting a divorce on the grounds of mental incapacity is very rare as in most cases the divorce can also be granted for the easier to prove reason that the marriage is irretrievably broken which requires only an assertion that it is broken. 

Traditional grounds for divorce, such as adultery, abandonment or cruelty do not exist in Florida. However, they may factor into a divorce in other ways. 

For more information or to schedule a complimentary consultation contact us at:

All Family Law Group
511 West Bay Street Suite 450 
Tampa, Florida 33606
813-616-3557

http://www.familymaritallaw.com/faq/what-are-the-grounds-for-divorce-in-florida/

Florida Divorce Law - What are the grounds for divorce in Florida?

Attorney Lynette Silon-Laguna practices family law, divorce and bankruptcy at All Family Law Group, P.A., a family law firm serving Tampa Bay with offices in Tampa, Clearwater, Riverview and Apollo Beach. Ms. Silon-Laguna’s practice encompasses a wide spectrum of family law matters, including divorce, stepparent adoption, relative adoption, name change, paternity, child support, child custody and domestic violence. 

Ms. Silon-Laguna graduated summa cum laude from the University of Central Florida and earned her Juris Doctorate law degree from the University of Florida Levin College of Law, where she graduated With Honors. While in school, she was awarded Founder’s Day Honors and a Certificate for Outstanding Achievement, and was elected to the Phi Kappa Phi honor society. 

Ms. Silon-Laguna is admitted to practice in all Florida state courts and the United States District Court for the Middle District of Florida. She is a member of the Family Law Sections of the Florida Bar and the Hillsborough Bar Association, and is a member of the Clearwater Bar Association. She is a member and Past Secretary of Pinellas County Trial Lawyers Association and is a member of the Tampa Bay Bankruptcy Bar Association. 

Florida Divorce Law - What are the grounds for divorce in Florida?

Lynette Silon-Laguna, ESQ