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Wills & Probate

In Florida, do I have to prove my spouse is at fault in order to get divorced?

Florida is a “no-fault” divorce state. This means that either spouse may request a divorce by proving to the court that the marriage is “irretrievably broken.” As a result, in seeking a divorce you do not have to prove that your spouse has committed adultery, domestic violence, spousal abuse or otherwise acted in a way justifying dissolution of the marriage. Before a family law judge can dissolve a marriage, he or she must know that you or you and your spouse believe the marriage is irretrievably broken. The judge may ask why a divorce is sought or recommend counseling but the reason is not important in granting a dissolution so long as the requesting party genuinely believes it to be true.