Irreconcilable Differences Divorce No Fault Information
How no-fault divorce works in Florida: either spouse may file for dissolution (by alleging the marriage is irretrievably broken), no grounds of fault are required (neither spouse needs to prove: adultery, abuse, abandonment, or other misconduct), and the court dissolves the marriage if: one or both spouses testify the marriage is irretrievably broken. Effect on other issues: while fault is not required for the divorce itself, the court may consider: misconduct in determining equitable distribution (intentional dissipation of marital assets), and alimony (adultery may be: considered as a factor in alimony). Residency requirement: at least one spouse must have been: a Florida resident for 6 months before filing.
Florida Legal Definition
No-fault divorce in Florida is governed by Florida Statutes §61.052 (Dissolution of Marriage). Under §61.052(1): no judgment of dissolution of marriage shall be granted unless: one of the parties has been a Florida resident for at least 6 months, the marriage is irretrievably broken, or the respondent is mentally incapacitated. Under §61.052(2): if one party denies the marriage is irretrievably broken: the court may order counseling or continue the proceedings for up to 3 months. Under Florida practice: Florida is: a purely no-fault state (fault is not required or even alleged in the petition). Under Florida practice: the vast majority of contested divorces involve: disputes about equitable distribution, alimony, and timesharing, not whether to dissolve the marriage.
How It's Used in Practice
Attorneys manage divorce proceedings. For petitioners: establish Florida residency (6 months), file the petition for dissolution, allege the marriage is irretrievably broken, and address the contested issues (property, support, and children). For respondents: decide whether to contest the dissolution, address the contested issues, and negotiate. The attorney advises: Florida requires only that the marriage is irretrievably broken; no fault need be proven; the real disputes are: property division, alimony, and timesharing; focus preparation on those issues.
Key Takeaways
- §61.052: FL is purely no-fault divorce state.
- Only ground: marriage is irretrievably broken.
- 6-month residency requirement.
- Fault: may be considered for equitable distribution and alimony.
- Real disputes: property, alimony, and timesharing.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
Business Attorneys
Real Estate Attorneys
Litigation Attorneys
Estate Planning Attorneys
Business Sale Closings
How to Sell a Business in Florida
Contact Information:
Tel: 941-867-7818
Email: info@barneswalker.com
Trust • Experience • Results