Do you need your husband's permission to file for divorce in Florida?
Contrary to popular belief, there is no Florida law requiring a woman to get permission from her husband to file for divorce. In fact, Florida is a no-fault divorce state, which means that either spouse can file for divorce without having to prove that the other spouse has done anything wrong.
Q + ASTATE LAWFLORIDA
Graham Settleman
9/5/20231 min read
There is no Florida law requiring a woman to get permission from her husband to successfully file for divorce. In fact, Florida is a no-fault divorce state, which means that either spouse can file for divorce without having to prove that the other spouse has done anything wrong. The only requirement is that the marriage be irretrievably broken.
The myth that a woman needs her husband's permission to file for divorce may stem from the fact that Florida used to have a fault-based divorce system. Under this system, a spouse could only file for divorce if they could prove that the other spouse had committed one of the following grounds for divorce:
Adultery
Extreme cruelty
Abandonment
Habitual drunkenness
Insanity
However, Florida abolished its fault-based divorce system in 1971. Since then, either spouse can file for divorce simply by stating that the marriage is irretrievably broken. This means that the marriage has broken down to the point where there is no reasonable likelihood that it can be saved.
If you are a woman in Florida who is considering filing for divorce, you do not need to get your husband's permission. You can file for divorce on your own, and you will not have to prove that he has done anything wrong.
However, there are some things you should keep in mind if you are going to file for divorce without your husband's consent. First, your husband may contest the divorce, which could drag out the process and make it more expensive. Second, your husband may be entitled to certain financial or property rights, even if you are the one who files for divorce. You should speak to an attorney to discuss your specific situation and to get advice on how to protect your rights.
If you are considering filing for divorce in Florida, you should contact an attorney to discuss your options. An attorney can help you understand the law and can represent you in court if necessary.
How to file for divorce in Florida without your husband's consent
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