As hard as you might try to save it, your marriage could be failing. Some marriages aren’t destined to an eternity of happiness. Fortunately, divorce is an option. If you’re thinking about getting a divorce, you should understand the rules regarding divorce in Florida.
In Florida, the divorce rate was 3.6 per thousand residents in 2017. Divorce is a common occurrence, and the criteria for divorce is not difficult to meet. Find out more about the Florida grounds for divorce.
Traditional Grounds for Divorce
Years ago, the only way to get a divorce was to show there was a very specific reason for the divorce. You needed to prove that your spouse acted in a way that broke down the marriage. For instance, you needed evidence they cheated on you.
That traditional method of treating divorce is known as a fault divorce. In Florida, the laws have changed. Thanks to the Florida Dissolution of Marriage Statute, there is no need to demonstrate fault to seek a divorce. If the marriage isn’t a happy one, either party can seek a divorce.
Current Laws
Today, Florida is a pure no-fault state. As a result, spouses who are divorcing don’t need to give a reason for their divorce. They don’t need to prove anything or explain the cause of the split.
In order to file for a divorce, the spouse can simply say that their marriage is broken and unable to be repaired. Another option is to claim the spouse has been mentally incapacitated for three years or longer. The legal term for a broken marriage that cannot be fixed is “irretrievably broken.” It means that their differences or arguments have no resolution and have lead to the destruction of the marriage.
The state changed divorce laws for good reason. With no-fault divorce, it’s easier for someone to leave their spouse if they are being abused. Some studies show that this has decreased the rates of domestic violence. The spouse is no longer under the scrutiny of the court and can easily leave their abuser.
Furthermore, no-fault divorce makes the divorce process shorter. Because the spouse does not have anything to prove, the process has the potential to be quicker. This is especially true of amicable divorces, which may not need to be settled in a courtroom.
Does Fault Matter?
Although Florida is a no-fault state for divorce, fault does matter. During the divorce process, fault can affect the outcome of the case. If you need to resolve the divorce in court, certain grounds for divorce can impact how the court rules.
For example, adultery, mental illness, and substance abuse can impact your case. If you’re in the midst of a custody battle, domestic violence could keep one of the parent’s from receiving overnight or unsupervised visitation. But under most other circumstances, fault does not affect child custody.
Typically, fault also does not impact child support, property division, or alimony. Issues like child support and alimony are generally determined by income and other financially-significant factors. They are not used as a means to punish a parent.
If you’re considering a divorce in Florida, you could benefit from working with a legal professional. Contact Richard Weissfeld to learn more about Florida divorce and what an attorney can do for you. They can stand up for you and your interests as you fight for a brighter and better future.
