Paulette Hamilton | January 30, 2026 | Divorce and Family Law Cases in Orlando
Divorce laws vary from state to state. Some states allow for a “no-fault” divorce, while others require a valid legal reason to grant a divorce. Florida allows a no-fault divorce, and this type of divorce can be granted when the marriage is irretrievably broken. Keep reading below to learn all the details of this term and how it can affect your divorce.
Grounds for Divorce in Florida
Florida law recognizes two grounds for divorce. According to the law, a divorce cannot be granted unless one of these facts is present:
- The marriage is irretrievably broken.
- One spouse is mentally incompetent.
Most divorces are granted because one party claims that the marriage is irretrievably broken. That is the most common reason for granting a divorce in Florida.
What Does “Irretrievably Broken” Mean?
There is no uniform definition of “irretrievably broken.” Basically, this means that the marriage is broken and cannot be fixed. The spouses claim that they have irreconcilable differences that cannot be repaired.
Some common examples of situations that may lead to an irretrievably broken marriage include:
- Infidelity
- Lack of communication
- Excessive arguing
- Loss of intimacy
- Disagreements about finances, religion, or other important issues
- Some form of abuse, such as physical, emotional, or sexual
- Losing trust in your spouse
- Disagreements concerning careers or relocation
- Differences in opinion about whether or not to have children
Getting a divorce on these grounds does not require proving any fault. However, this does not mean that one or both spouses are not to blame.
Do Both Spouses Have to Agree That the Marriage Is Irretrievably Broken?
No, Florida law does not require both spouses to agree that the marriage is irretrievably broken. Instead, one spouse may decide to file for a divorce under those grounds. If the other spouse does not agree, they cannot stop the divorce from happening.
Even though the other spouse cannot stop the divorce, they can dispute the terms of the divorce agreement. This includes disputing matters such as child custody, spousal support, and other issues.
After a divorce petition is filed, an answer is required within 20 days. If your spouse fails to file an answer before the deadline, then the court may grant a default judgment. In situations where the divorce is contested, it is crucial to hire an experienced divorce lawyer who can help protect your rights.
The Florida Divorce Process
Since Florida does not require fault to be proven, some couples can follow a quick, easy divorce process. Not all couples will qualify for this simplified divorce process. To qualify for the Simplified Dissolution of Marriage process, the couple must meet all the following requirements:
- One spouse must be a Florida resident for at least six months prior to filing.
- Both spouses agree that the marriage is irretrievably broken.
- The spouses have no minor or dependent children together.
- The wife did not have any children during the marriage.
- The wife is not currently pregnant.
- The spouses agree on how the assets will be divided.
- No alimony is being sought by either spouse.
- Both spouses agree to give up their right to trial and appeal.
- Both spouses agree to appear to go to the clerk’s office to sign the petition together or separately.
- The spouses agree that they will appear together for the final hearing.
If you fail to meet any of the above criteria, you must file a standard petition for divorce.
Contact the Law Office of Paulette Hamilton Divorce Lawyers for a Free Consultation With an Orlando Divorce Lawyer
To learn how Florida’s no-fault divorce laws may apply to your situation, contact the Law Office of Paulette Hamilton for a free consultation with an Orlando divorce lawyer.
For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a free consultation with our experienced Orlando [PRACTICE AREA] lawyers.
Law Office Of Paulette Hamilton Divorce Lawyers – Orlando
189 S Orange Ave #1400,
Orlando, FL 32801
(407) 420-2311
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About the Author
Paulette F. Hamilton is the owner and managing attorney at the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, Florida. She focuses exclusively on family law, handling complex matters involving divorce, child custody, child support, alimony, and property division. Known for her personalized, client-first approach, Paulette takes the time to understand each client’s unique goals and challenges—delivering thoughtful guidance and strong advocacy when it matters most.
