| What are the Grounds for Dissolution
of a Marriage in Florida?
The grounds for dissolution in Florida are either
Irretrievable breakdown or Mental incapacity for three years. FL ST 61.052
(1)
Irretrievable breakdown means that there is nothing
that the court can do (such as sending the couple to counseling) to induce
the couple to reconcile.
If there are children, and a person answers a
petition for dissolution of marriage by denying that the marriage is
irretrievably broken, then the court may order the parties to counseling and
may delay the proceedings for up to three months to encourage and/or permit
the parties an opportunity to reconcile. If there are minor children, or if
a claim of irretrievable breakdown is denied, the court may order
counseling, continue the proceedings for three months, or take such other
action as may be in the best interests of the parties and children of the
marriage. FL ST 61.052 (1) (a)
If there is no minor child of the marriage and if
the responding party does not, by answer to the petition for dissolution,
deny that the marriage is irretrievably broken, the court is required to
enter a judgment of dissolution of the marriage if the court finds that the
marriage is irretrievably broken. FL ST 61.052 (2)(a)
Where Mental incapacity of one of the parties is
the ground for dissolution, no dissolution shall be allowed unless the party
alleged to be incapacitated shall have been adjudged incapacitated according
to the provisions of s. 744.331 for a preceding period of at least 3 years.
Notice of the proceeding for dissolution must be served upon one of the
nearest blood relatives or guardian of the incapacitated person, and the
relative or guardian is entitled to appear and to be heard upon the issues.
In all dissolutions of marriage granted on the
basis of incapacity, the court may require the petitioner to pay alimony
pursuant to the provisions of s. 61.08. FL ST 61.052 (1) (b)
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