Florida is a pure no-fault divorce state. You do not need to prove adultery, abandonment, or cruelty to end your marriage — and your spouse cannot stop the divorce by refusing to agree. But “no-fault” does not mean conduct never matters, and misunderstanding what courts can and cannot consider costs people real money. Here is how the grounds for divorce actually work in Florida, from a family law attorney practicing in the Brevard County courts.
Florida’s Two Legal Grounds for Divorce
Under Florida Statute § 61.052, there are only two grounds for dissolution of marriage. The first — used in virtually every case — is that the marriage is irretrievably broken. The second, almost never used, is the mental incapacity of one spouse, which requires that the spouse was adjudicated incapacitated at least three years before the divorce is filed.
What “Irretrievably Broken” Means
The filing spouse simply asserts that the marriage cannot be saved. One spouse’s testimony to that effect is almost always enough — Florida courts do not require both spouses to agree that the marriage is over. If your spouse says “I won’t give you a divorce,” the honest answer is that Florida law does not give them that power.
There is one wrinkle: when the couple has a minor child, or the responding spouse denies the marriage is irretrievably broken, § 61.052 allows the court to order counseling or continue the case for up to three months to allow reconciliation. In practice, Brevard judges use this sparingly — a divorce delayed is rarely a divorce prevented.
Where Fault Still Matters
No-fault means you don’t need misconduct to get divorced. It does not mean misconduct is always irrelevant to the terms. Florida law lets courts consider certain conduct in specific ways:
Wasting marital money. If a spouse dissipated marital assets — spending on an affair, gambling losses, transfers to family members — courts can award the other spouse a greater share of what remains in equitable distribution.
Adultery and alimony. Under § 61.08, the court may consider adultery of either spouse, and its economic consequences, in deciding whether to award alimony.
Conduct affecting children. Domestic violence, substance abuse, and behavior that endangers a child weigh directly in the best-interests analysis for time-sharing and parental responsibility.
What You Must Prove Instead
Because fault is off the table, Florida divorces are won or lost on facts and preparation: complete financial disclosure, accurate valuation of assets, realistic parenting proposals, and credible testimony. The energy other states spend proving misconduct, Florida spends on the financial record — which is why the discovery phase matters so much.
Frequently Asked Questions
Can my spouse refuse to sign the divorce papers?
They can refuse to sign, but they cannot stop the divorce. A non-cooperative spouse simply converts an uncontested case into a contested one — the divorce still moves forward, with the court deciding any issues the spouses cannot agree on.
Does it matter who files first in Florida?
Legally, very little — Florida gives no preference to the petitioner. Practically, filing first can matter for scheduling, choosing the county when spouses live apart, and setting the tone on temporary relief.
Do I need a separation period before divorcing in Florida?
No. Unlike some states, Florida has no waiting or separation requirement — and no legal separation status at all. The only timing rules are the six-month residency requirement and a short statutory waiting period between filing and final judgment.
Will my spouse’s affair get me more of our property?
Only to the extent marital money was spent on it. Courts adjust for dissipation of assets — they do not award property as punishment for infidelity itself.
Get Straight Answers About Your Divorce
If you are weighing divorce in Brevard County, a free 30-minute consultation with Attorney John Vernon Moore can tell you exactly where you stand — what fault will and won’t do for your case, and what your realistic outcomes look like. Call (321) 529-7777 or reach us online.