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Grounds for Filing Divorce Under Florida Law

Martindale-Hubbell® AV® Preeminent Rated Clearwater Family Lawyer

When you want to file divorce in the state of Florida, the no-fault law provides two possible grounds for filing:

  1. Mental incompetence
  2. Irreconcilable differences

While these may seem straightforward, it is important to engage a divorce law firm to ensure you can prove the grounds under divorce law in the state of Florida. Our team at K. Dean Kantaras, P.A. can answer your questions and represent you with excellence. Our attorney is Board Certified in Matrimonial & Family Law. Call us at (727) 939-6113 to arrange a consultation with our team.

Divorces Based on Mental Incompetence

Some couples file for divorce based on mental incompetence. Grounds based on mental incompetence are rarely used when filing divorcein the state of Florida. 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.

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, a Clearwater divorce lawyer from our firm 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.

Contact the Law Offices of K. Dean Kantaras, P.A. Today at (727) 939-6113

Divorce law firms must have extensive local legal knowledge to protect your interests in an emotionally charged time. K. Dean Kantaras is board certified in marital and family law by the Florida Bar. T

Those wishing to know more about the skilled representation we can offer in all aspects of family laws in Florida are invited to contact our firm at (727) 939-6113, or use our online contact form.

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