No-Fault Divorce in Florida: What It Means & How It Works (2026 Guide)

What Is No-Fault Divorce in Florida?

Quick Answer: Florida is a no-fault divorce state, meaning you don't need to prove your spouse did anything wrong to get divorced. You only need to state that the marriage is "irretrievably broken"—and your spouse cannot stop the divorce by contesting this.

This is different from "fault" states where you had to prove adultery, abuse, abandonment, or other misconduct.

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Florida's No-Fault Law (F.S. 61.052)

The Only Grounds Required

Under Florida Statute 61.052, there are only two grounds for divorce:

"Irretrievably broken" means the marriage cannot be saved. That's it. No explanation needed. No blame required.

What You DON'T Need to Prove

• Adultery
• Physical abuse
• Emotional abuse
• Abandonment
• Addiction
• Criminal activity
• Cruelty
• Any wrongdoing whatsoever

Your spouse's behavior—good or bad—is not relevant to whether you can get divorced.

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How No-Fault Divorce Works in Florida

Filing for No-Fault Divorce

When you file your Petition for Dissolution of Marriage, you simply state:

"The marriage between the parties is irretrievably broken."

That's the legal standard. The court will accept this statement without requiring evidence.

Can My Spouse Stop the Divorce?

No. In Florida, if one spouse wants a divorce, the divorce will happen. Your spouse can:

• Disagree about property division
• Fight over custody
• Contest alimony or support
• Delay the process

But they cannot prevent the divorce itself by claiming the marriage isn't irretrievably broken.

The Court's Role

In an uncontested divorce, the judge will simply ask:

"Is your marriage irretrievably broken?"

You answer "yes," and that requirement is satisfied.

In a contested divorce, if your spouse denies the marriage is broken, the court may:

• Order counseling (rare)
• Schedule a hearing
• Ultimately grant the divorce anyway if you maintain it's broken

Reality: Courts virtually never deny a divorce when one spouse insists the marriage is over.

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No-Fault vs. Fault Divorce: Key Differences

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Does Fault Matter at All in Florida?

While Florida is no-fault for granting the divorce, misconduct can still matter in limited circumstances:

When Fault May Be Considered

Under Florida law, adultery may be considered when determining alimony, but only if:

• There was an adulterous relationship, AND
• Marital funds were spent on the affair (dissipation of assets)

Courts rarely deny alimony based solely on adultery without financial impact.

If one spouse wasted marital money on:

• An affair partner
• Gambling
• Drugs
• Hiding assets

The court may award the innocent spouse a larger share of remaining assets.

Abuse is highly relevant to custody decisions. Courts consider:

• History of domestic violence
• Impact on children
• Safety concerns

A parent with documented abuse history may receive restricted or supervised time-sharing.

Behavior affecting children (substance abuse, neglect, instability) impacts custody determinations regardless of no-fault status.

When Fault Doesn't Matter

• Division of most assets (equitable distribution is the standard)
• Basic eligibility for alimony
• Child support calculations
• Whether divorce is granted

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Benefits of No-Fault Divorce

1. Faster Resolution

No need to gather evidence, prove allegations, or have trials about misconduct. Cases resolve quicker.

2. Lower Cost

Less litigation = lower attorney fees. You're not paying lawyers to argue about who did what.

3. Less Conflict

Not airing dirty laundry in court reduces hostility. Better for co-parenting relationships.

4. Privacy

Without fault allegations, less embarrassing information becomes public record.

5. Certainty

You know you can get divorced. No anxiety about whether you can "prove" enough wrongdoing.

6. Focus on Future

Energy goes toward practical issues (custody, finances) rather than relitigating the past.

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Common Questions About No-Fault Divorce

"My spouse cheated. Doesn't that matter?"

For getting divorced—no. You'd get divorced the same way regardless of adultery.

For financial matters—potentially. If your spouse spent marital funds on the affair, you may receive a larger property share. Adultery may also be considered in alimony, but this is discretionary and limited.

For custody—generally no, unless the affair directly impacted the children (exposed them to inappropriate situations, neglected them during the affair, etc.).

"My spouse is abusive. How does no-fault help me?"

No-fault actually helps you because you can leave without having to prove abuse in order to get divorced. You simply file, and the divorce proceeds.

Separately, you can:

• Seek a domestic violence injunction
• Present abuse evidence in custody proceedings
• Use abuse history to argue for sole custody

The abuse matters for custody and protection—just not for whether you can get divorced.

"Can I refuse to get divorced?"

No. If your spouse files and maintains the marriage is irretrievably broken, the court will grant the divorce. You can:

• Negotiate better terms
• Delay with procedural tactics (temporarily)
• Contest property/custody issues

But you cannot prevent the divorce itself.

"Will my spouse's bad behavior help me get more money?"

Possibly, but less than you might think. Florida uses equitable distribution, which aims for fair (not necessarily equal) division. Marital misconduct is generally not a factor.

Exceptions:

• Dissipation of assets (spending money on affairs, gambling, hiding assets)
• Some adultery considerations for alimony

Don't assume bad behavior automatically means a better settlement. Focus on the financial facts.

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History of No-Fault Divorce

Before No-Fault

Before no-fault laws, divorcing couples had to prove "grounds":

• Adultery
• Extreme cruelty
• Desertion
• Habitual drunkenness
• Imprisonment

This led to:

• Perjury (couples fabricating grounds)
• Public humiliation (airing private matters)
• Expensive litigation
• Trapped marriages (couldn't prove grounds)

Florida Adopts No-Fault (1971)

Florida was among the early adopters of no-fault divorce, recognizing that:

• Forcing couples to prove fault didn't save marriages
• The adversarial process harmed families
• Courts shouldn't judge marital conduct
• People should be free to leave unhappy marriages

Today

All 50 states now offer some form of no-fault divorce. Florida is purely no-fault—you cannot file on fault grounds at all.

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No-Fault Divorce Process in Florida

Step 1: Meet Requirements

• Residency: One spouse lived in Florida for 6+ months (F.S. 61.021)
• Grounds: Marriage is irretrievably broken (F.S. 61.052)

Step 2: File Petition

Complete and file Petition for Dissolution of Marriage stating:

• Marriage is irretrievably broken
• Residency requirement met
• What you're requesting (property, custody, support)

Step 3: Serve Spouse

Spouse receives papers and has 20 days to respond.

Step 4: Resolve Issues

• Uncontested: Both agree on terms, proceed to final hearing
• Contested: Negotiate, mediate, or litigate disputed issues

Step 5: Final Judgment

Judge signs Final Judgment of Dissolution. Marriage is over.

Timeline: 4-12 weeks (uncontested) to 6-24 months (contested)

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Our No-Fault Divorce Services

We make the process straightforward:

Florida's no-fault law means you can move forward. You don't need your spouse's permission, and you don't need to prove anything except that you want out.

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Frequently Asked Questions

What does no-fault divorce mean in Florida?

No-fault divorce means you don't need to prove your spouse did anything wrong to get divorced. Under F.S. 61.052, the only ground required is that the marriage is "irretrievably broken." Your spouse cannot prevent the divorce by denying this.

Can my spouse stop me from getting divorced in Florida?

No. Florida is a true no-fault state. If you file for divorce and maintain the marriage is irretrievably broken, the court will grant the divorce. Your spouse can contest property, custody, or support—but not the divorce itself.

Does cheating affect divorce in Florida?

For granting the divorce—no. For financial matters—potentially. Adultery may be considered in alimony decisions, and if marital funds were spent on an affair, you may receive a larger share of assets. For custody—generally no, unless the affair directly harmed the children.

What are the grounds for divorce in Florida?

Florida has only two grounds: (1) the marriage is irretrievably broken, or (2) mental incapacity of one spouse for at least 3 years. The vast majority of cases use "irretrievably broken," which requires no proof of wrongdoing.