How Does Florida’s No-Fault Divorce Law Work?

Florida is a no-fault divorce state, meaning neither spouse is required to prove the other did something wrong to obtain a divorce. It is important to know, however, that allegations of wrongdoing can still potentially affect how specific divorce terms are resolved.

If you’re facing a divorce, our experienced Florida divorce attorneys at Carman and Finegan are standing by to help you through the legally challenging path forward.

The Grounds for Divorce in Florida

The sole grounds for divorce in Florida is that the marriage is irretrievably broken. If one spouse believes the marriage cannot be saved, that is sufficient. The other spouse does not have to agree, and no evidence of wrongdoing is necessary to move forward.

The only exception to the no-fault standard is mental incapacitation. If one spouse has been mentally incapacitated for at least three years, that incapacitation may serve as an alternative ground for divorce. This exception is narrow and applies in limited circumstances, but it is worth understanding as part of the full picture of Florida divorce law.

Filing Requirements

At least one spouse must have lived in Florida for a minimum of six months before filing. You will file the Petition for Dissolution of Marriage with the clerk of court in the county where either spouse resides. Once filed, your spouse must be formally served with the petition, which provides official legal notice that the divorce proceeding has begun.

Both spouses are then required to exchange financial information through a financial affidavit. This document gives both parties and the court a complete picture of marital finances, including income, assets, debts, and expenses. Full and accurate financial disclosure is a legal requirement and plays a central role in how the divorce terms are ultimately resolved.

Resolving the Terms of Your Divorce

If both spouses can reach an agreement on all applicable divorce terms, the case proceeds as an uncontested divorce. Depending on your situation, those terms may include the equitable division of marital property, a parenting plan, child support, and alimony.

Equitable distribution in Florida means a fair division of marital property (that is, assets and debts acquired during the marriage), though fair does not always mean equal. Courts consider a range of factors when evaluating what an equitable split looks like, and having experienced legal counsel is important to ensuring your interests are represented in that process.

The parenting plan addresses both physical custody, meaning where the children live on a day-to-day basis, and parental responsibility, which refers to decision-making authority over major aspects of the children’s lives. Child support is calculated according to Florida’s statutory guidelines, taking into account each parent’s income and the time-sharing arrangement. Alimony may be awarded based on factors such as the length of the marriage, each spouse’s financial resources, and the standard of living established during the marriage.

If agreement cannot be reached on any of these terms, the case becomes contested and goes before a judge, who will make the final determination.

Our Experienced Florida Divorce Lawyers Can Help

Divorce is one of the most significant legal proceedings a person can face, and having knowledgeable legal representation makes a meaningful difference. The attorneys at Carman and Finegan have the experience and legal insight to help guide your case toward a resolution that protects your rights and addresses your priorities. Contact us online or call 813-437-3830 today to get started.