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