Understanding No-Fault Divorce in Florida

Florida is a no-fault divorce state, which means you don’t need to prove anyone did something wrong to end the marriage. If one spouse believes the marriage is over due to “irreconcilable differences,” they can file for divorce—even if the other person disagrees. The process can move quickly, especially when both parties agree on property, parenting, and finances. For families with children, the focus should be on building a cooperative co-parenting plan, not placing blame.

What Families Need to Know

Going through a divorce can feel overwhelming, especially at the start. One of the first things to understand is how Florida’s no-fault divorce laws work—and how they affect families with children. Knowing your rights and responsibilities can help you move forward with more confidence and less conflict.

What Does “No-Fault Divorce” Mean?

Florida is a no-fault divorce state, which means that you don’t have to prove your spouse did something wrong, like cheating or abuse, in order to get divorced. The only legal reason you need to give is that the marriage is “irretrievably broken,” meaning it cannot be fixed.

In practical terms, this means:

• You don’t need your spouse’s permission to file
• You don’t have to gather evidence or point fingers
• The divorce can move forward even if only one spouse wants it

This law is designed to reduce conflict and make divorce more straightforward.

How Fast Can a Divorce Happen in Florida?

Florida has a short waiting period of just 21 days after filing before a divorce can be finalized. If both spouses agree on everything—including parenting time, support, and dividing assets—a divorce can be completed in just a few weeks.

However, when there are disagreements or complicated issues (like child custody or shared property), the process may take longer and involve mediation, negotiation, or court hearings.

Pros and Cons of No-Fault Divorce

Benefits:

• Faster process when both parties cooperate
• Less public conflict, since there’s no need to prove wrongdoing
• More privacy, because personal matters aren’t debated in court

Drawbacks:

• One spouse can file and move forward even if the other wants to stay married
• When there’s disagreement, the speed of the process can feel emotionally overwhelming

Putting Children First: Co-Parenting After Divorce

For couples with children, the goal should shift from placing blame to creating a stable co-parenting relationship. The courts will focus on what’s in the best interest of the child, and so should you.

Co-parents are encouraged to:

• Communicate openly and respectfully
• Support the child’s relationship with both parents
• Stick to a clear parenting schedule
• Avoid using the child as a messenger or go-between

Collaborative divorce and family law professionals can help you build a parenting plan that works for your family—without adding extra stress to the children involved.

• Florida is a no-fault divorce state—no need to prove wrongdoing
• One spouse can file and proceed, even if the other disagrees
• A quick divorce is possible if both parties agree on the terms
• For parents, co-parenting peacefully should be the top priority
• Getting help from a legal or mental health professional can make the process smoother

FAQs

Q1: Do I need to prove anything to get divorced in Florida?
No. You only need to state that the marriage is irretrievably broken—no one has to be “at fault.”

Q2: What if my spouse doesn’t want a divorce?
You can still move forward. In Florida, only one spouse has to believe the marriage is over.

Q3: Can we still go to court in a no-fault divorce?
Yes. If you and your spouse don’t agree on key issues like child support or property division, the court will help decide those matters.

Zaneta Matthews is a compassionate family law attorney based in Orlando, Florida. She helps clients navigate divorce, child custody, and co-parenting with clarity and dignity. As a member of Collaborative Divorce Central Florida and the Florida Academy of Collaborative Professionals, Zaneta is committed to helping families build peaceful, practical futures.

📞 Need help understanding your divorce options? Call Zaneta Matthews at (407) 630-8959 to schedule a consultation.