What is the definition of a No-Fault Divorce?
No-fault divorce is a divorce in which neither spouse has to prove the other did anything wrong. The filing spouse only states that the marriage is irretrievably broken. The court can end the marriage without assigning blame to either party.
How No-Fault Divorce Works in Florida
Florida has been a no-fault state since 1971. Under Florida Statute Chapter 61, a dissolution of marriage is granted when the court finds the marriage is irretrievably broken. One spouse cannot block the divorce by denying that breakdown. The denial usually just makes the case contested on the terms.
No-Fault vs. Fault Divorce
The two systems describe what a spouse must prove:
- No-fault divorce requires no evidence of misconduct. The breakdown of the marriage is enough. Every U.S. state now allows some form of no-fault divorce.
- Fault divorce requires proof of grounds such as adultery, cruelty, or abandonment. Florida does not use fault as a ground to grant a divorce. See the fault divorce entry.
Misconduct is not completely irrelevant in Florida. Serious fault can still influence an alimony award under Florida Statute 61.08. It never decides whether the divorce itself is granted.
Does No-Fault Mean the Divorce Is Easy?
No. The definition of no-fault divorce only removes the blame requirement. Spouses can still disagree about property, support, and time-sharing. A no-fault divorce can be contested or uncontested. Those labels describe agreement on the terms, not the reason for the split.
What You Still Have to Show
A no-fault divorce in Florida still requires:
- At least one spouse to have lived in Florida for six months before filing
- A statement that the marriage is irretrievably broken
- Resolution of all financial and parenting issues, by agreement or court order
- A minimum 20-day period between filing and the final judgment, except in limited circumstances
Related Terms
- Fault Divorce
- Irreconcilable Differences
- Dissolution of Marriage
- Contested Divorce
- Uncontested Divorce
Considering a No-Fault Divorce in Tampa?
To see how a Florida divorce proceeds and what the court will decide, visit our Tampa divorce lawyer page, or call Mindi Lasley, P.A. at (813) 873-9047.