Grounds for Filing Divorce Under Florida Law
Serving Pasco, Pinellas and Hillsborough Counties with law offices in Largo, Holiday & Palm Harbor
K. Dean Kantaras is Board Certified in Marital and Family Law by the Florida Bar
When you want to file divorce in Saint Petersburg, Tampa, or file anywhere within the state of Florida, the no-fault law provides two possible grounds for filing:
- Mental incompetence
- Irreconcilable differences
While these may seem straightforward, it is important to engage a divorce law firm in St. Petersburg to ensure you can prove the grounds under divorce law in the state of Florida.
How the divorce laws in Florida define mental incompetence
Grounds based on mental incompetence are rarely used when filing divorce in Tampa, Saint Petersburg, or anywhere in the state. When one spouse alleges the other to be incompetent, a judge must hold that the incompetence existed for a period of at least three years prior to the divorce.
Using irreconcilable differences as grounds under Florida divorce laws
Most commonly, filing divorce in Florida involves citing irreconcilable differences, which means stating that the marriage is irretrievably broken. But, when divorce law firms file under these grounds, the court may require marriage counseling in two specific situations:
- If either spouse does not agree that the marriage is irretrievably broken
- If the couple has minor children
In either of these cases, if counseling does not achieve reconciliation, Tampa divorce lawyers may be allowed a continuance of the divorce proceedings after three months, or the court may order some other action that it deems to be in the best interests of the parties and children of the marriage.


