Grounds for Divorce in Florida

Under Florida law there are only two grounds for divorce and they are (1) that the marriage is irretrievably broken or (2) mental incapacity of one of the parties to the marriage. (Florida Statutes 61.052). Mental incapacity is fairly straightforward. Many people want to know what it means that your marriage is irretrievably broken. This simply means that one party no longer wants to married to the other party, and there is nothing that anyone can do, including the court, to salvage the marriage. Therefore, if you are contemplating divorce, and you don't believe that your marriage is irretrievably broken, and neither you nor your spouse is mentally incapacitated, you may want to seek some counseling to see whether your marriage can be saved before you seek a divorce.