Grounds For Divorce In Florida: Understanding Florida’s No-Fault System
Florida is a no-fault state when it comes to divorce. Some other states allow fault-based grounds such as adultery, cruel or inhuman treatment, or imprisonment. In Florida, we only allow no-fault grounds for divorce. This makes divorce simpler. Florida is one of a number of states that only allow no-fault grounds for your divorce petition. In this article, the Tampa, FL family law attorneys at Faulkner Law Group, PLLC will discuss the grounds for a Florida divorce and what they mean.
Florida’s no-fault divorce system
Florida operates under a system of no-fault divorce. This means that you don’t need to prove any specific wrongdoing to end your marriage. Instead, you simply state that the marriage is “irretrievably broken.” This approach simplifies the process of divorce and allows couples to untie the knot without assigning blame to the other spouse. Instead, they can focus on practical matters like property division, alimony, and child custody.
Legal grounds for divorce in Florida
Florida recognizes two legal grounds for divorce. These include:
- Irretrievable breakdown of the marriage – This is the most common reason Florida spouses use to untie the knot. It simply means that the marriage has broken down to the point that it cannot be repaired. You do not need to demonstrate any other reason why the marriage broke down. This makes it easier for Florida couples to divorce amicably.
- Mental incapacity of a spouse – Florida permits a second ground for divorce. If one spouse has been mentally incapacitated for at least three years before the filing of the divorce, this can serve as grounds for divorce in Florida. The spouse seeking a divorce will need to provide proper medical documentation to support their claim. This basis for divorce is very infrequently used.
How Florida’s approach is different
It used to be that no-fault divorce did not exist at all. Instead, all divorces required a spouse to provide proof that the other spouse had done something to upset the marriage. In other words, the spouse would have to allege that the other spouse subjected them to cruel and inhuman treatment. Some states still allow fault-based grounds for divorce. However, all states allow no-fault grounds.
Part of the problem with fault-only divorces is that they require the spouse seeking a divorce to make allegations against the other spouse. This meant that the case would go straight to litigation with each spouse making allegations against the other. Ultimately, a judge was forced to decide which spouse was in the right. This ate up valuable judicial resources and created a massive backlog on the docket forcing legislators to change the way divorces were handled.
Talk to a Tampa, FL Divorce Lawyer Today
Faulkner Law Group, PLLC represents the interests of Tampa residents who are considering divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing key elements of your divorce such as equitable distribution of the marital estate, alimony, child custody, and child support.
