Florida is exclusively a no fault divorce state.  It recognizes two grounds for divorce:

  1. Irretrievable Breakdown of Marriage Relation - The court will order a divorce when there is no minor child and both parties find that marriage is irretrievably broken.  If there is a minor child, the court can order counseling, continue proceedings for three months, or take other actions that are in the best interest of the parties and their child(ren)
  2. Mental Incapacity - The court can order a divorce when a spouse has had a mental incapacity for a preceding period of at least 3 years.

I Want a Divorce!  Do I Need a Lawyer?

Yes.  You should contact a divorce attorney immediately.  Initially they will help draft your divorce petition, and then later assist you with the exchange of documents, settlement, and any trial issues.  A good divorce attorney is vital to making sure that you get everything that you are entitled to.