Does Florida Have Fault-Based or No-Fault Divorce?

Florida is a “no-fault” divorce state, meaning you can dissolve your marriage without having to fight in court over who was ultimately to blame. This is different from the traditional fault-based system, which requires parties to point the finger at one another over the breakdown of a marriage.

A no-fault divorce approach has benefits beyond the reduced chance of conflict. Often, the parties are in a better position to reach an agreement over critical issues like child custody or alimony when there is no reason to place blame. A hardworking divorce attorney can help you better understand what this system means for you.

Grounds for a No-Fault Divorce

As the name suggests, the state’s no-fault divorce system allows couples to dissolve their marriage without having to litigate who was responsible for the breakdown of the relationship.

The only grounds the parties must establish is that the relationship is irretrievably broken. This means the spouses must only show that there are irreconcilable differences that prevent them from staying together.

This is not a demanding standard to meet, as a judge has little reason to prevent two people who no longer want to be wed from divorcing. Resolving this question quickly also leaves more time for the contentious aspects of divorce, like child custody or spousal support.

How This Approach is Different

The critical aspect of no-fault divorce in Florida is that a person can successfully dissolve their marriage without making allegations against the other party. In a fault-based divorce, there must be some allegation of wrongdoing. This can come in different forms depending on the jurisdiction, but some common examples include the following:

• Abuse
• Adultery
• Drug abuse
• Mental illness
• Abandonment
• Felony convictions

Even if these issues are present in a marriage, it can be beneficial for the process to avoid having to make the allegations during a public court proceeding. 

Benefits to Consider

There are many reasons why a no-fault approach is in the best interest of a person who intends to end their marriage in Florida. The reduced chance for conflict cannot be overstated, and it also has the potential to result in an amicable long-term relationship once the process is finalized. 

When major disputes are removed, the judge makes each decision based entirely on what is equitable and fair. This includes considering factual issues like the length of the marriage and the financial contributions each party made during it. Additionally, this approach is constructive when the custody of a minor child is at stake. Instead of fighting, these proceedings can focus on what is best for the child.

Talk to an Attorney About Florida’s No-Fault-Based Divorce System

Learning whether Florida has a fault-based or no-fault divorce system is the first step toward ending your marriage. You must also consider other critical issues involving your property rights and the custody of your children.

The legal team at The Florida Probate & Family Law Firm is here to help you protect your rights. Call today for a free case evaluation.