Fla. Stat. § 61.052

Dissolution of Marriage

Florida doesn’t ask whose fault the divorce is — only whether the marriage can be saved. Here is what "no-fault" dissolution actually requires, and what the court decides.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

A "No-Fault" State

Florida is a no-fault divorce state. Under § 61.052, you do not have to prove adultery, cruelty, or any wrongdoing — you only need to show the marriage is irretrievably broken (or, rarely, that a spouse has been declared mentally incapacitated for the required period).

The Governing Statute
Fla. Stat. § 61.052 — Dissolution of Marriage
"No judgment of dissolution of marriage shall be granted unless … [t]he marriage is irretrievably broken [and] one of the parties [has] resided 6 months in the state before the filing of the petition."
Read the full statute on Online Sunshine →

There is also a residency requirement: at least one spouse must have lived in Florida for six months before filing.

What the Court Decides

A Florida Divorce Resolves
Property & debt: equitable distribution of marital assets and liabilities (§ 61.075).

Alimony: whether spousal support is owed, and what type (§ 61.08).

Children: a parenting plan with time-sharing (§ 61.13) and child support (§ 61.30).

An uncontested divorce, where spouses agree on all issues, is far faster and cheaper than a contested one. Even amicable cases benefit from getting the marital settlement agreement right the first time.

Frequently Asked Questions

Do I need a reason to get divorced in Florida?
No. Florida is a no-fault state under § 61.052 — you only need to show the marriage is irretrievably broken. You do not have to prove adultery, abuse, or any other fault to obtain a divorce.
How long do I have to live in Florida to file for divorce?
At least one spouse must have resided in Florida for six months before filing the petition for dissolution of marriage. This residency requirement is set by § 61.021 and applied under § 61.052.
What is the difference between contested and uncontested divorce in Florida?
In an uncontested divorce, spouses agree on all issues — property, support, and any parenting matters — making it faster and less expensive. A contested divorce requires the court to resolve disputed issues, which takes longer and costs more.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 61.052 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.