Is Florida a No-Fault Divorce State?

Is Florida a no-fault divorce state?

You can end a Florida marriage without blaming anyone, and the steps are clear. Yes. Florida is a no-fault divorce state. You only need to tell the court the marriage is "irretrievably broken," which means it can't be repaired. You don't have to prove adultery, abuse or any other fault. Your spouse can't block the divorce just by refusing to agree.

Source: § 61.052, Florida Statutes (2026 text, checked October 2026). It allows only two grounds, or legal reasons, for divorce:

"The marriage is irretrievably broken." "Mental incapacity of one of the parties."

The second ground is rare. It applies only when a court has declared one spouse incapacitated under § 744.331 for at least 3 years before the divorce.

Can my spouse stop a no-fault divorce in Florida?

No, not for good. If your spouse denies the marriage is broken, or you have a minor child, the judge has a few options under § 61.052(2)(b), Florida Statutes. The judge may:

• Order counseling: for one or both of you.
• Pause the case: for up to 3 months so you can try to reconcile.
• Take other action: whatever is in the best interest of you and your child.

If the judge finds the marriage is not broken, the petition is denied. That is uncommon. If you have no minor children and your spouse doesn't deny the breakdown, the court "shall" grant the divorce once it finds the marriage is broken.

Does fault still matter in a Florida divorce?

Sometimes. Fault doesn't decide whether you get divorced, but it can affect money issues.

• Alimony: Under § 61.08(1)(a), Florida Statutes, the court "may consider the adultery of either spouse and any resulting economic impact" when setting alimony, which is support paid by one spouse to the other.
• Property division: Under § 61.075(1)(i), Florida Statutes, the court can weigh one spouse wasting or destroying marital assets within 2 years before filing or after filing.
• Children: Conduct that affects a child's safety or well-being can matter in parenting decisions.

Tip: Keep records if your spouse spent marital money on an affair or hid assets. That spending can matter even in a no-fault case.

What else do you need to file for divorce in Florida?

No-fault makes the reason simple, but you still have to meet a few basic rules.

• Residency: One spouse must have lived in Florida for 6 months before filing, under § 61.021, Florida Statutes.
• Waiting period: A judge can't sign the final judgment until at least 20 days after the petition is filed, under § 61.19, Florida Statutes. The judge may shorten it if waiting would be unjust.
• Separation: Florida law doesn't require you to live apart before filing, and Florida has no formal legal separation.
• Filing fee: $408 in Flagler County, as of October 2026. Other counties' clerks set out their own fee schedules.

For costs, timelines and the full process, see the Divorce and Separation guide.