What is No-Fault Divorce in Florida?
Are you preparing to end your marriage in Broward County or elsewhere in South Florida? You may have heard that our state is a no-fault divorce jurisdiction. This raises an important question: What does no-fault divorce actually mean? In Florida, a no-fault divorce is a divorce where “blame” for the breakdown of the relationship is not assigned. Within this article, our Boca Raton divorce attorney explains the key things to know about no-fault divorce in Florida.
No-Fault Divorce in Florida: Defined
A no-fault divorce is a divorce that is finalized without either spouse having to prove wrongdoing by the other. In Florida, married couples can seek a no-fault divorce on the grounds that their marriage is “irretrievably broken.” During a no-fault divorce, the legal process will be focused on more practical, material matters, such as property division, spousal support, child custody, and/or child support. The court will not assign fault for the divorce.
Note: In Florida, a no-fault divorce may be filed by both spouses collectively or by a single spouse.
Florida is an Exclusively No-Fault Divorce State
Florida used to have fault-based divorce. Many other states still have fault-based divorce. However, that is no longer the case in our jurisdiction. The Florida Bar explains that our state “abolished fault as a ground for dissolution of marriage.” In other words, Florida does not recognize fault-based grounds for divorce. With that being said, even though adultery, abuse, or abandonment is not a legal ground for divorce, it can still matter in certain parts of the case. For example, courts may consider misconduct when deciding alimony, property division, and/or child custody.
A No-Fault Divorce is Not Always an Uncontested Divorce
A no-fault divorce is not always an uncontested divorce. In Florida, “no-fault” simply means neither spouse must prove wrongdoing to end the marriage. However, the parties may still disagree on important issues such as property division, alimony, child custody, or child support. When disputes arise, the divorce becomes contested, requiring negotiation, mediation, or even a trial. In other words, while the legal ground for divorce may be straightforward, the process can still be complex if the spouses cannot reach full agreement. In short, the “no-fault” rule eliminates the need to prove blame for ending the marriage, but it does not guarantee the process will be quick, easy, or free of conflict. A top-tier Boca Raton, FL divorce lawyer can help you navigate the process. Many couples are able to negotiate an uncontested divorce settlement.
Contact Our Boca Raton Divorce Lawyer Today
At Williams & Varsegi, LLC, our Boca Raton divorce attorney has the knowledge and experience that you can rely on. If you have any questions about no-fault divorce, please do not hesitate to contact our family team for a completely confidential initial appointment. With an office in Boca Raton, we provide family and divorce representation throughout Florida, including in Parkland, Coral Springs, Deerfield Beach, Pompano Beach, Sunrise, Fort Lauderdale, and Delray Beach.
Source:
floridabar.org/public/consumer/pamphlet010/
