In short: no, you don’t. Florida is a no-fault divorce state, which means you don’t have to prove wrongdoing like adultery or abuse to file for divorce.
What Does “No-Fault Divorce” Mean?
Under Florida law, the only requirement to file for divorce is that the marriage is “irretrievably broken.”
That’s a legal way of saying the relationship can’t be repaired.
You do not need to provide evidence of cheating, cruelty, abandonment, or any other form of “fault.” The goal is to reduce conflict and simplify the process.
Can Fault Still Matter?
Yes—sometimes. While fault is not required to file, it can still impact certain parts of your case, such as:
- 🧒 Child custody/time-sharing decisions
- 💰 Alimony (spousal support) awards
- 🏡 Property division in extreme situations (like intentional waste of marital assets)
Filing for Divorce in Florida
To file for divorce in Florida, you or your spouse must:
- ✅ Have lived in Florida for at least 6 months
- ✅ File a Petition for Dissolution of Marriage in your local circuit court
- ✅ Legally serve the other party with notice
From there, the divorce can proceed through settlement, mediation, or litigation depending on your circumstances.
Final Thoughts
Florida’s no-fault divorce system is designed to help couples separate without placing blame. Whether your decision is mutual or one-sided, you don’t need a “reason” to end the marriage in court.
At Lipinski Family Law, we guide clients through the Florida divorce process with clarity, compassion, and a focus on practical solutions. If you’re considering divorce, we’re here to help.
Posted on: July 6, 2025
Author: Joel Lipinski, Esq.
