If you are considering divorce in Florida, you have probably heard the term “no-fault” — but what does it actually mean for your case?
In Florida, you do not need to prove your spouse did anything wrong to end your marriage. All you need to state is that the marriage is “irretrievably broken.” No evidence of cheating. No blame. No courtroom accusations.
But here is what most guides leave out: no-fault does not mean your spouse’s conduct is completely irrelevant. Certain behavior can still affect alimony, property division, and your children’s time-sharing arrangements — even though it cannot stop the divorce itself.
Key Takeaways
- Florida adopted a no-fault dissolution of marriage system in 1971 through the Dissolution of Marriage Act (Chapter 71-241, Laws of Florida) — fault-based grounds do not exist as an option
- The only legal ground in most cases is that the marriage is “irretrievably broken” under Florida Statute § 61.052
- Your spouse cannot block the divorce even if they disagree
- Adultery can still affect alimony when it had an economic impact — it does not affect whether the divorce is granted
- Permanent alimony was eliminated July 1, 2023 under Senate Bill 1416 (Chapter 2023-315, Laws of Florida); durational alimony is now capped at 50%, 60%, and 75% of the marriage’s length — see our Florida alimony guide for full details
- No judge can sign a Final Judgment until at least 20 days after the petition is filed — this delay period is set by Florida Statute § 61.19, separate from the grounds statute
- “Dissolution of marriage” and “divorce” mean the same thing in Florida law
Florida No-Fault Divorce at a Glance
Question | Answer |
Is Florida a no-fault state? | Yes — no-fault state, since 1971 |
Do you need to prove wrongdoing? | No |
Can your spouse stop the divorce? | No, not on their own |
Legal ground required | Marriage is “irretrievably broken” — § 61.052(1)(a) |
Residency requirement | 6 months before filing — § 61.021 |
Minimum waiting period before final judgment | 20 days after the petition is filed — § 61.19 |
Respondent’s deadline to answer after being served | 20 days after service of the petition |
Does conduct affect alimony? | Yes — when it had an economic impact — § 61.08(1) |
Is permanent alimony still available? | No — eliminated July 1, 2023 |
Is Florida a 50/50 divorce state? | Equitable distribution — starts equal, adjusted by factors — § 61.075 |
Note on the table above: there are two different 20-day periods in a Florida divorce, and they are easy to confuse. One is the respondent’s 20 days to answer after being served. The other is the court’s 20-day minimum wait, measured from the filing date, before any judge may sign a Final Judgment. This article distinguishes both wherever they matter.
Dissolution of Marriage vs. Divorce: Is There a Difference?
In Florida, you will not see the word “divorce” in the court system. The official legal term is dissolution of marriage, and it appears throughout Chapter 61 of the Florida Statutes — the governing law for all divorce cases in the state.
There is no legal difference. Dissolution of marriage and divorce are the same outcome: the court-ordered termination of a marriage. When you file, you file a Petition for Dissolution of Marriage.
Is Florida a No-Fault State for Divorce?
Yes. Florida has been a no-fault divorce state since 1971, when the Dissolution of Marriage Act (Chapter 71-241, Laws of Florida) eliminated fault-based grounds entirely. Neither spouse has to prove wrongdoing — you only need to show the marriage is irretrievably broken under § 61.052(1)(a). There’s no fault-based alternative available, regardless of what either spouse did during the marriage.
What Is No-Fault Divorce and How Does Florida Compare to Other States?
A no-fault divorce means neither spouse must prove wrongdoing to end the marriage. Florida is a no-fault state — fault-based grounds simply do not exist under Florida law. Under Florida Statute § 61.052, a court must grant a dissolution of marriage when either spouse establishes the marriage is irretrievably broken.
Not all states work this way. Mixed states still allow filing on fault grounds — adultery, abandonment, cruelty — or no-fault, and the filing spouse chooses. In Florida, that choice does not exist. You cannot use a fault-based filing as a strategy regardless of what your spouse did.
What Does "Irretrievably Broken" Mean?
“Irretrievably broken” is the primary legal standard under § 61.052(1)(a). It means the marriage has ended for all practical purposes with no realistic hope of repair.
This phrase does not require both spouses to agree the marriage is over, evidence of what caused the breakdown, or any specific incident. When one spouse states the marriage is irretrievably broken in the Petition for Dissolution, that is legally sufficient for the court to proceed — provided there is no minor child of the marriage and the respondent does not deny the marriage is broken. When there is a minor child of the marriage, or when the respondent denies by written answer that the marriage is irretrievably broken, the court may instead order marriage counseling or continue the proceedings for a reasonable length of time not to exceed three months, to allow the parties to attempt reconciliation, under § 61.052(2)(b). Our guide on stopping a divorce after filing in Florida covers that option in full.
What Are the Legal Grounds for Divorce in Florida?
Under Florida Statute § 61.052, there are exactly two grounds for dissolution of marriage in Florida:
Ground 1 — Irretrievably broken marriage (§ 61.052(1)(a)): The marriage has broken down with no realistic hope of repair. One spouse stating this is legally sufficient. No evidence of cause or fault is required. This is the ground used in virtually every Florida divorce.
Ground 2 — Mental incapacity (§ 61.052(1)(b)): One spouse has been adjudicated incapacitated under Florida Statute § 744.331 for a period of at least three years before the dissolution proceeding begins. This ground is rarely used and includes additional protections, such as requiring notice to the incapacitated spouse’s nearest relative or guardian.
There is no third option, no fault-based alternative, and no requirement that both spouses agree.
When Is a No-Fault Divorce Used, and When Did Florida Adopt It?
Florida adopted no-fault divorce in 1971, and today it’s used in every single Florida divorce case — there’s no separate “fault” filing to choose instead. In practice, that means a no-fault divorce applies the moment either spouse decides the marriage is over, whether that’s after a specific incident, a long period of growing apart, or simply a personal decision that reconciliation isn’t possible. You don’t need to wait for a triggering event; you can state the marriage is irretrievably broken at any point once you meet Florida’s residency requirement.
Does Florida Recognize Legal Separation?
No. Florida does not recognize legal separation as a formal court status. Unlike some states, Florida courts cannot enter a legal separation order that keeps a couple married while dividing assets, establishing support, or formalizing parenting arrangements.
Married couples in Florida may live separately and enter into written agreements regarding finances, support, and parenting — but those agreements are private contracts, not court orders. They remain legally married until a judge signs a Final Judgment of Dissolution of Marriage.
If you are separated but not yet filing, you do not have enforceable court orders for support or time-sharing unless you file for dissolution. Our guide on stopping a divorce after filing in Florida explains how some couples file for dissolution and then pause the proceedings rather than pursue a formal separation.
Can My Spouse Stop the Divorce?
No. Your spouse can contest the terms — property, alimony, time with children — but they cannot prevent the dissolution itself simply by refusing to agree. Florida’s no-fault framework exists precisely to protect spouses who need to leave a marriage regardless of the other party’s agreement.
If you were served with a petition and are trying to understand your position as the respondent, our guide on how to respond to divorce papers in Florida explains your rights and the 20-day response deadline.
Does No-Fault Mean Conduct Is Completely Irrelevant?
No. No-fault determines whether the divorce is granted — not how it is resolved. Here is precisely where conduct can still matter:
Alimony: Under Florida Statute § 61.08(1), the court may consider adultery and any resulting economic impact in alimony decisions. Adultery matters when it had a financial consequence — for example, marital funds spent on an affair partner. Emotional betrayal alone, without a financial component, typically does not change the outcome. See our guide to the 2023 Florida alimony reform for how these changes work together.
Property division: Under Florida Statute § 61.075, equitable distribution starts from a presumption of equal division. If one spouse intentionally dissipated, wasted, or destroyed marital assets after the marriage broke down, the court can award the other spouse a larger share to compensate. Read more on our property division page.
Child time-sharing: Florida uses parenting plans rather than “custody.” Conduct that directly affects a child — domestic violence, substance abuse, neglect — remains fully relevant to time-sharing decisions. As of July 1, 2023, Florida law creates a rebuttable presumption that equal time-sharing is in a child’s best interests under Florida Statute § 61.13, unless a party proves by a preponderance of the evidence that equal time-sharing is not in the child’s best interests. See our child custody page for more.
How to File for Divorce in Florida: The Basic Steps
For most Florida residents, the process follows these steps. For a more detailed walkthrough, see our step-by-step guide to filing for divorce in Florida.
- Step 1 — Confirm residency — At least one spouse must have lived in Florida for six months before filing, which can be established with a Florida driver’s license, voter registration card, state ID, or the testimony or affidavit of a third party, under § 61.021. See our residency requirements guide for full detail on proving residency.
- Step 2 — Complete the correct forms — The Petition for Dissolution of Marriage and a Financial Affidavit are required in most cases. Confirm the current form numbers on the Florida Courts Self-Help forms site before filing, since approved forms are periodically updated.
- Step 3 — File with the Clerk of Court — As of June 2026, the statewide filing fee is approximately $408 plus a $10 summons fee under § 28.241, with some counties adding small local surcharges. Confirm the current amount with your county Clerk of Court before filing.
- Step 4 — Serve your spouse — The respondent has 20 days after being served to file a written response. This 20-day response deadline is separate from the court’s 20-day minimum delay period under § 61.19, which runs from the date the petition was filed and governs when a Final Judgment may be entered.
- Step 5 — Exchange financial disclosures — Both parties are generally required to exchange Financial Affidavits and supporting documentation early in the case under the Florida Family Law Rules of Procedure. Specific deadlines can vary by judicial circuit, so confirm the applicable local timeline.
- Step 6 — Mediation if contested — Many Florida judicial circuits require mediation in contested family law cases before trial, under local administrative orders implementing the Florida Family Law Rules of Procedure.
- Step 7 — Final hearing and judgment — The judge signs the Final Judgment of Dissolution of Marriage. No Final Judgment may be entered until at least 20 days have elapsed since the original petition was filed, under § 61.19.
FAQs
Yes. Under § 61.052(1)(a), you only need to state the marriage is irretrievably broken. Your spouse's consent is not required to file. If there is no minor child of the marriage and your spouse does not file a written answer denying the marriage is broken, the court can proceed to finalize the dissolution based on your petition.
Not whether the divorce is granted. Under § 61.08(1), adultery may be considered in alimony decisions when it had a direct economic impact. Emotional infidelity without a financial component rarely changes the outcome.
Exactly two: the marriage is irretrievably broken (§ 61.052(1)(a)), used in virtually every Florida divorce; or one spouse has been adjudicated incapacitated under § 744.331 for at least three years before the case began (§ 61.052(1)(b)). Fault-based grounds do not exist in Florida.
A spouse can refuse to respond, but it does not stop the divorce. If the respondent fails to file a written response within 20 days of being served, the petitioner may seek a default, and the court can grant the dissolution based on the petitioner's filing alone, once the case otherwise qualifies.
Florida is an equitable distribution state under § 61.075 — not a strict 50/50 state. Courts begin with a presumption of equal division, then may adjust based on each spouse's contributions, the duration of the marriage, economic circumstances, and any intentional dissipation of assets.
No. Permanent alimony was eliminated for new awards on July 1, 2023, under Senate Bill 1416 (Chapter 2023-315, Laws of Florida). Durational alimony is now capped at 50% of the marriage's length for marriages under 10 years, 60% for marriages of 10 to 20 years, and 75% for marriages over 20 years, under § 61.08(8)(b). Durational alimony is generally not available for marriages under three years.
No. Florida courts cannot enter a legal separation order. Married couples may live separately and enter private written agreements, but they remain legally married until a judge signs a Final Judgment of Dissolution of Marriage.
At least 20 days from the date the original petition is filed, under § 61.19. A judge may enter a Final Judgment earlier only on a showing that the delay would cause an injustice, which courts grant sparingly.
Related Reading
Florida Divorce Laws Explained for 2026: What Has Changed
Florida Alimony After the 2023 Reform: What You Need to Know Now
Ready to Move Forward? Talk to Your Lawyer at Justin Andersson P.A.
Understanding Florida’s no-fault divorce law is empowering; it tells you that you have the right to move forward, no matter what. But knowing the law and navigating it strategically are two different things. At Justin Andersson, P.A., we focus exclusively on divorce and family law throughout Northwest Florida. We give you clarity from the first conversation, a tailored legal strategy, and steady support every step of the way.
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