Arnelle Strand, P.A.

Florida is a "no-Fault" divorce law like many other states.  The only grounds in Florida are:

The marriage is irretrievably broken; or mental incapacity of one of the parties.

No Fault Divorce simply means that one spouse need not testify against the other spouse in order to establish legally sufficient grounds for divorce.  Traditional notions of "fault" are generally not brought before the Court.  Adultery, desertion, cruelty, infliction of "grievous mental suffering", drunkenness and failure to support, etc. are no longer grounds for divorce.  These factors may, of course, be involved in the petitioner's allegations that the "marriage is irretrievably broken", but they need not be brought to the attention of the Court.

This does not mean that the fault may not be important.  For example, if one spouse has committed adultery, the act of adultery will not have a bearing on the outcome of the case, unless that spouse has wasted marital assets (money) on the adulterous affair.   If marital funds were utilized on the third party or gambling, the act of wasting said funds will be taken into consideration when deciding equitable distribution of the assets or liabilities.

Florida has six-month residence requirements for divorce, which means that at least one spouse must have had his or her permanent residence in Florida, or lived in Florida, for six months prior to the filing of the divorce action.