Will the court grant my divorce if my spouse does not want to get a divorce? This is a question I often hear from potential clients. The general answer is yes, so long as the court has jurisdiction to grant a divorce and the parties mee the requirements of Chapter 61 of the Florida Statutes. Under chapter 61.052, there are two reasons why a person can file for divorce. The first is if the marriage is irretrievably broken. Irretrievably Broken means that the marriage cannot be saved and the “Petitioner” no longer wants to be married.
The second reason a person can file for divorce is one party is mentally incapacitated. However, if a person is mentally incapacitated there are steps that need to be followed, but ultimately, the divorce may still be granted.