The state of Florida is a no-fault state, and grounds that are necessary in many states are not necessary in Florida. In Florida, the only ground which needs to be proven is that the marriage is irretrievably broken, or the mental incapacity of one of the parties. However, if a party is mentally incapacitated, a dissolution shall not be allowed unless the party alleged to be incapacitated has been adjudged incapacitated according to the provisions of Florida Statute 744.331 for a proceeding period of at least three years.
Alan Jay Braverman is a divorce lawyer who has been a member of the Florida Bar since 1973. He is Florida Board Certified in the area of Marital and Family Law.