Many states allow married couples to file for divorce based on grounds that allege fault on the part of one or both spouses. Grounds for divorce in Florida is a bit different. Here’s what you need to know about divorce in Florida.
Florida Is a Pure No-Fault State
Florida is what is known as a pure no-fault state. What this means is that there is really only one reason for divorce in Florida—a marriage is irretrievably broken. When filing for divorce, divorcing spouses only need to state that neither party can fix their marriage. While they can bring up issues such as abandonment or domestic violence to the court to help their case, they do not need a specific reason for the divorce.
If both parties agree to the divorce as well as about how their property should be divided, such a case can qualify for a simplified divorce, which is relatively quick. In a simplified divorce, both spouses must agree to waive their right to alimony and spousal support. On the other hand, if both spouses cannot agree on the terms of the divorce, the case will have to proceed with a regular dissolution of marriage. Once the grounds for divorce in Florida are established and the proceedings begin, both spouses can continue to try to reach an agreement. If they do, they can get an uncontested divorce. Otherwise, the divorce will have to go to court where a judge will decide on the outcome.
Minor Children Can Complicate the Process
Spouses who have children under the age of 18 do not qualify for simplified divorce. In cases that involve children, the courts will need to determine custody and child support. You can learn more about how the Florida courts determine child support by reading this blog and watching my video below.
Even in cases that do not involve children, if one spouse disputes that the marriage is irretrievably broke, the courts can order marriage counseling or psychiatric evaluation or grant a continuance for the parties to reconcile. In cases that involve children, the courts’ authority reaches even further, effectively granting the judge power to do anything that is in the best interest of the child.
Property Division Starts Equally
As an equitable distribution state, Florida begins the process of property division from an equal position. In some cases, though, the property may not be divided equally. The courts must determine the circumstances of each spouse, what each spouse contributes to the marriage and the raising of any children, and whether allowing one parent to retain the family home will benefit any children involved.
Do you have grounds for divorce in Florida and want to learn more about your options?
If you want to discuss your options for divorce, get in touch with me today. I will help you with your divorce case and any other family law matters that you have questions about. Don’t wait. Contact me today.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.