Florida is a no-fault state. There are only two grounds for divorce in the State of Florida. The first is that the marriage is irretrievably broken. It is only necessary for one party to allege in the petition that the marriage is broken and a divorce will be granted. Should the other party deny that the marriage is broken, the result is a 90-day cooling off period, after which the parties will be able to proceed. The second grounds for divorce in the State of Florida that is rarely seen is the mental incapacity of one of the parties for a period of three years or longer. Adultery is not a grounds for divorce in the State of Florida. That is addressed during the issues of equitable distribution and alimony.
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