Tampa, Florida

Grounds for Dissolution

Grounds for Dissolution (Grounds for Divorce)

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In Florida, prior to 1971, there were nine possible statutory grounds for dissolution of marriage. A spouse had to plead and prove one or more of those grounds to obtain a dissolution. In 1971, Florida Statutes 61.044 became law, and removed the requirement that spouses in Florida needed to prove fault in a dissolution of marriage case.

Florida is now often referred to as a "no fault" dissolution of marriage state. In order to obtain a dissolution of marriage, a spouse need only prove one of the following:

  • The marriage is irretrievably broken
  • One of the parties has been adjudged mentally incapacitated for at least three years

Judges in Tampa dissolution of marriage cases must make a factual finding that the marriage is irretrievably broken, based on factual evidence presented by the parties.

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It is not necessary for both parties to agree that the marriage is irretrievably broken. Obtaining a dissolution of marriage in Florida only requires evidence from one party that the marriage is irretrievably broken. One spouse cannot stop dissolution of marriage proceedings simply because he or she does not want to be divorced. However, a spouse may make a motion to the court to order the parties to attend counseling for three months.

If a spouse is seeking a dissolution of marriage on the grounds that the other spouse has been adjudged mentally incapacitated for at least three years, he or she must follow statutory provisions to prove that his or her spouse is mentally incapacitated. At Givens Givens Sparks, our Tampa divorce attorneys can help guide you through the dissolution process. It is important to have legal counsel to help protect your rights during any divorce matter and our team can stand by your side.

Call us today at (813) 518-7941.

Client Testimonials

  • "I feel exceptionally fortunate having been referred to you."

  • "Rob has proven his extraordinary talent, perseverance, vast knowledge of the law, along with his professional demeanor and his ability to communicate and listen well."

  • "Your expertise, knowledge and professionalism put me at ease while you handled my out of state matters."

  • "I will be forever grateful for your assistance, understanding & concern on my divorce."

  • "Know anyone with the same amount of class, ethics and thoughtfulness and ability to execute as you?"

  • "The times we have with our granddaughter are a constant reminder of Rob’s highly effective work."

  • "Going through a divorce is a very traumatic event, but you all make your clients feel cared for and the trust factor is definitely felt."

  • "I would recommend them 200% to anyone who has to go through a divorce."

  • "I truly appreciate your brilliant legal minds and your professional protection of my desires and interests as pertaining to my home."

  • "If I ever have a friend who's going through a divorce, you will be the only name for me to recommend."

  • "Mr. Givens assured me that he was placing my needs in very good hands. He was correct because we are in a much better place because of your efforts."

  • "Stann is an intellectually gifted, highly motivated, knowledgeable attorney. He was truly a 'master negotiator.'"

  • "Rob, Thank you for your assistance and guidance throughout my divorce process. I will certainly recommend you to others seeking legal support."

  • "I appreciate you both always taking the time to answer all of my questions"

  • "Your joint efforts and hard work have finally brought a son and father together."

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me."

  • "His research, preparation and professionalism is noteworthy in every aspect."

  • "Rob, I wanted to say THANK YOU for all of the time, effort and hard work you put into my case! Without your assistance, Madison would not be here with us in South Florida."

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me. "

  • "His research, preparation and professionalism is noteworthy in every aspect. You have a brilliant attorney on your team."

  • Paula, thank you so much! You have been a true pleasure to work with through this difficult process. I really appreciate it.

  • "Rob, Thanks again for all of your help through this process. You and Paula have both been great."

  • "Ellen, this comes with sincere gratitude for a job well done. You have restored my faith in your profession. Thank you for always acting in my best interest."

  • "Ellen, I could not have been more fortunate in my legal representation!"

  • "I am very happy that I selected your firm and would not hesitate to give my highest recommendation."

  • "Rob, I wanted to say thank you for all your efforts in getting this agreement settled."

  • You have been wonderfully amazing. Thank you for everything. So grateful.

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At Givens Givens Sparks, your family is our family. As such, we promise to fight for each client and voraciously protect their best interests. Facing a family law issue? Get in touch with us to learn how we can help!

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