What it means
Section 61.052 provides that no judgment of dissolution of marriage is granted unless one of two facts, pleaded generally, appears: the marriage is irretrievably broken, or one party is mentally incapacitated.
The incapacity ground has conditions. The party alleged to be incapacitated must have been adjudged incapacitated under s. 744.331 for a preceding period of at least 3 years. Notice must be served on one of the nearest blood relatives or the guardian, who may appear and be heard. If the incapacitated party has a guardian other than the petitioner, the petition and summons are served on the party and the guardian; if there is no other guardian, the court appoints a guardian ad litem. In these cases the court may require the petitioner to pay alimony under s. 61.08.
For an irretrievably broken marriage, if there is no minor child and the responding party does not deny that the marriage is irretrievably broken, the court enters a judgment if it finds the marriage irretrievably broken. If there is a minor child, or the responding party denies it, the court may order consultation with a counselor or similar person, continue the proceedings up to 3 months for reconciliation, or take other action the court finds to be in the interest of the parties and child. A judgment of dissolution leaves each spouse single and unmarried (subsection (4)).
- A judgment requires one of two facts: the marriage is irretrievably broken, or mental incapacity of a party (§ 61.052(1)).
- The incapacity ground requires an adjudication under s. 744.331 for a preceding period of at least 3 years (§ 61.052(1)(b)).
- Notice goes to one of the nearest blood relatives or the guardian, and the court appoints a guardian ad litem if there is no other guardian (§ 61.052(1)(b)).
- In an incapacity dissolution, the court may require the petitioner to pay alimony under s. 61.08 (§ 61.052(1)(b)).
- With a minor child or a denial, the court may continue proceedings for no more than 3 months to allow reconciliation (§ 61.052(2)(b)).
- A judgment leaves each spouse single and unmarried (§ 61.052(4)).
Text of the statute (2026)
(a) The marriage is irretrievably broken.
(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.
(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage if the court finds that the marriage is irretrievably broken. (b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may: 1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or 2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; or 3. Take such other action as may be in the best interest of the parties and the minor child of the marriage. If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage. If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.
(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.
Excerpts are the subsections the summary relies on. Read the full official text of § 61.052.
History. s. 7, ch. 71-241; s. 26, ch. 73-333; s. 38, ch. 81-259; s. 1, ch. 86-150; s. 114, ch. 86-220; s. 1, ch. 89-61; s. 107, ch. 89-96; s. 1, ch. 91-246; s. 2, ch. 93-188; s. 4, ch. 96-183; s. 1, ch. 96-392; s. 2, ch. 97-170; s. 3, ch. 97-242; s. 12, ch. 98-403; s. 1, ch. 99-375; s. 3, ch. 2008-61.
How it applies
Section 61.052 governs the grounds for a dissolution and how the court disposes of a petition. Support, property and parenting issues are governed by other sections, such as s. 61.08 on alimony.
Incapacity dissolutions connect to guardianship. The three-year requirement depends on an adjudication under s. 744.331, and a guardian or guardian ad litem protects the incapacitated spouse's interests in the case. Subsection (4) states the effect of a final judgment: each spouse has the status of being single and unmarried.
Questions people ask
Sources
- Florida Statutes (2026), s. 61.052 (“The marriage is irretrievably broken.”; mental incapacity adjudicated for “a preceding period of at least 3 years”)
- Florida Statutes (2026), s. 61.08 (alimony in an incapacity dissolution, referenced in s. 61.052(1)(b))
Last checked: October 17, 2026
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