The Only Ground for Divorce in Florida

Florida is a pure no-fault divorce state. Under §61.052, Fla. Stat., the only legal ground for dissolving a marriage is that the marriage is “irretrievably broken” — meaning there is no reasonable prospect of reconciliation. Neither spouse needs to prove wrongdoing, adultery, abandonment, or cruelty. The court will not inquire into why the marriage ended.

This matters practically: anything you or your spouse did during the marriage is generally irrelevant to whether you get a divorce. Florida judges cannot deny a dissolution because one spouse objects. If one spouse says the marriage is irretrievably broken, that is sufficient.

Simplified Dissolution vs. Regular Dissolution

Florida offers two paths to divorce, and choosing the right one saves significant time and money.

Simplified Dissolution of Marriage is available when both spouses agree on all terms, there are no minor or dependent children, neither spouse is pregnant, neither spouse has significant assets or debts requiring complex division, and both parties waive the right to a trial and appeal. Both spouses must appear together at the clerk’s office to file and again at a brief final hearing. This process typically takes 30 days or less.

Regular Dissolution of Marriage is required when there are minor children, significant assets, disputes about alimony, or when one spouse does not agree. This process involves serving the other spouse, mandatory financial disclosure, a waiting period, and potentially a hearing or trial.

Florida’s Mandatory Financial Disclosure: In any dissolution involving contested financial issues, both parties must exchange a Financial Affidavit Form 12.902. For simplified dissolution, a short-form affidavit suffices. Failure to properly disclose can result in the court reopening or vacating a settlement agreement years later.

Property Division: Equitable Distribution

Florida divides marital property under the equitable distribution doctrine §61.075, Fla. Stat.. “Equitable” means fair — not necessarily equal — though Florida courts begin with a presumption of equal division and require a compelling justification to depart from it.

Marital property includes assets and debts acquired during the marriage, regardless of whose name they are in. Separate property — inherited assets, gifts to one spouse, and property owned before the marriage — generally remains separate if it has not been commingled with marital assets.

Alimony in Florida

Florida substantially reformed its alimony law in 2023 §61.08, Fla. Stat. (2023 amend.), eliminating permanent alimony. Current types are: bridge-the-gap (short-term), rehabilitative (with a specific plan), durational (capped at 50% of marriage length for marriages under 20 years), and for long marriages (20+ years), a longer durational award is possible but permanent alimony is no longer available. Courts consider the standard of living established during the marriage, each spouse’s earning capacity, and the length of the marriage.

What You Need to File

  • Petition for Simplified Dissolution of Marriage (Form 12.901(a)) — or regular Petition (Form 12.901(b))
  • Marital Settlement Agreement — required for simplified dissolution
  • Financial Affidavit (short or long form depending on assets)
  • If children: Parenting Plan (Form 12.995) and Child Support Guidelines Worksheet
  • Filing fee — varies by county (typically $400–$450 for circuit court)