Question 1

What does "irreconcilable differences" mean in a Florida divorce?

Accepted Answer

Florida is a no-fault divorce state, meaning neither spouse must prove wrongdoing to obtain a dissolution of marriage. Under Section 61.052, Florida Statutes, the only ground for dissolution is that the marriage is "irretrievably broken." This is Florida’s equivalent of "irreconcilable differences" used in other states. One or both spouses simply state that the marriage is irretrievably broken and cannot be saved. The court does not require evidence of fault (adultery, abuse, abandonment) to grant the divorce. If one spouse contests the claim that the marriage is irretrievably broken, the court may order counseling, but if either spouse maintains that the marriage is broken, the court will ultimately grant the dissolution.

Question 2

Does fault matter in a Florida no-fault divorce?

Accepted Answer

While Florida does not require fault to grant a divorce, fault-related conduct can affect other aspects of the case: equitable distribution (the court may consider one spouse’s dissipation of marital assets, such as spending marital funds on an extramarital affair), alimony (the court may consider adultery and its economic impact on the marriage under Section 61.08), child custody (the court considers each parent’s moral fitness and any domestic violence history), and attorney fees (the court may consider one spouse’s bad faith conduct in the litigation). So while fault is not required for the divorce itself, it can influence the financial and custodial outcome.

Question 3

How is a no-fault divorce filed in Florida?

Accepted Answer

To file for dissolution of marriage in Florida: at least one spouse must have been a Florida resident for at least 6 months before filing. The petitioner files a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. The petition states that the marriage is irretrievably broken. The other spouse is served with the petition and has 20 days to respond. If both spouses agree on all issues (property division, alimony, child custody, child support), they can file an uncontested dissolution and may receive a final judgment within 30-60 days. If issues are contested, the case proceeds through discovery, mediation (required in most Florida circuits), and potentially trial.

Irreconcilable Differences Divorce No Fault

Irreconcilable Differences and No-Fault Divorce in Florida

No-Fault Standard

When Fault Matters

Filing Process

Related Terms

Barnes Walker Family Law

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