What Does A Filing Party Need to Know About Florida No-Fault Divorce?

Posted on : May 29, 2019
Divorce Lawyer In Naples, Florida

What Does A Filing Party Need to Know About Florida No-Fault Divorce?

Florida is a no-fault divorce state. This means that either party in the marriage is eligible to move forward with filing for divorce regardless of whether or not any acts such as adultery have occurred. The party who is seeking to file a divorce simply must show that the marriage is irretrievably broken.

No-Fault Divorce History

In the past, it was harder for people living in fault states to bring forward a divorce unless their case met the specific grounds outlined under the statutes. Today, however, these rules are much less strict, meaning that when parties can no longer see a way forward, they can file for divorce without having to say that one party is at fault.

This rules out the process of having to decide who could be at fault and is generally adopted by many different states. The purpose of the no-fault divorce law in Florida is to encourage both parties to dissolve the marriage by working through reconciliation and ideally without becoming adversaries. The grounds for a no-fault divorce only state that the marriage must be irretrievably broken.

Testifying During The Divorce

This does not even mean that both parties have to testify and agree that the marriage is irretrievably broken. It is the court’s decision that if one party has decided it is irretrievably broken and has made the decision to end the marriage, then this marriage meets the grounds for no-fault divorce.

Common Question In Divorce

A common question presented to experienced Florida divorce attorneys is whether or not a no-fault divorce can be contested. A no-fault divorce cannot be contested in the state of Florida. The party looking for the divorce must simply show that the marriage is irretrievably broken. The court will likely not require a detailed investigation, and a simple statement that the marriage is broken is usually enough. Other facts can help to support the claim of a broken marriage such as unsuitability, years of separation, or mental or physical abuse.

Next Steps

The judge can consider evidence of wrongdoing, however, when looking at other aspects of the marriage being ended, such as whether or not alimony will apply. Schedule a time to speak with an experienced and knowledgeable Florida divorce attorney to discover your next steps.    


Posted in : Kevyn Noonan Hayes, P.A.

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