Dissolution of marriage in Florida operates under a system where neither party is required to prove fault or wrongdoing on the part of the other. The legal basis for a divorce is that the marriage is irretrievably broken, meaning there is no reasonable possibility of reconciliation. Alternatively, a party may seek a divorce if one spouse has been declared mentally incapacitated for at least three years. For example, a couple seeking to end their marriage only needs to demonstrate to the court that irreconcilable differences exist, without detailing specific instances of misconduct.
This framework streamlines the divorce process, potentially reducing conflict and legal expenses. Historically, divorces often involved contentious accusations of adultery, abuse, or abandonment, which could prolong the proceedings and increase emotional distress. The shift away from fault-based grounds promotes a more amicable resolution, focusing on the equitable distribution of assets and the well-being of any children involved. This approach is particularly beneficial in cases where both parties are willing to cooperate and negotiate a settlement.
