Is Florida a No-Fault Divorce State?

Is Florida a No-Fault Divorce State?

The state of Florida does not have “fault-based” divorce. Florida only accepts no-fault divorces, therefore, there is no need to prove fault by a party. Florida only requires that you state that the marriage is irretrievably broken, or that a spouse has been mentally incapacitated for three or more years.

Either party may seek a divorce without proving a reason, only that the spouses don’t want to be married. A spouse need only say that the marriage is “irretrievably broken” or that one is mentally incapacitated (and has been for at least 3 years before filing for divorce.) (Fla. Stat. Ann. § 61.052.) No-fault divorce law relieves the court of the difficulty of deciding fault, and it spares the spouses from having to talk about painful personal issues in court. It eliminates blame from the proceedings.

61.052 Dissolution of marriage.—

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

(a) The marriage is irretrievably broken.

(b) Mental incapacity of one of the parties.

If you’re considering divorce, Brodie Friedman is the top-rated family law firm in Florida. Any family and any situation, our experience and expertise will get you through these trying times. We’re here for you.




With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. 

To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100

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