Grounds for Divorce in Florida: Understanding Our No-Fault System
When it comes to divorce, Florida is considered a no-fault state. In other states, divorcees are allowed to blame their spouse for the breakdown of the marriage. Such grounds include adultery, cruel or inhuman treatment, or imprisonment. In Florida, we only allow no fault grounds for divorce. This makes divorce considerably simpler. Florida is one of a number of states that only allow no-fault grounds for divorce petitions. In this article, the Tampa FL family law attorneys at Westchase Law, P.A. will discuss Florida’s grounds for divorce and what they mean.
Understanding Florida’s no-fault divorce system
Florida is considered a no-fault state when it comes to divorce. This means that you don’t need to prove any specific wrongdoing to end your marriage. Instead, you simply state the marriage is “irretrievably broken.” Such an approach simplifies the divorce process, allowing couples to untie the knot without assigning blame. They can focus on practical matters such as property division, alimony, and child custody.
Legal grounds for divorce in Florida
The state of Florida recognizes two legal grounds for divorce. These include:
- The irretrievable breakdown of the marriage – by and large, this is the most common reason Florida spouses use to dissolve their marriage. It simply means that the marriage is broken down to the point that it can no longer be repaired. As a divorcee, you do not need to demonstrate any other reason why the marriage broke down. This makes it easier for Florida couples to divorce on good terms.
- Mental incapacity – the state of Florida only permits one other 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 dissolving your marriage. The spouse seeking a divorce will need to provide proper medical documentation to support their claim. This basis for divorce is not usually used.
How does Florida’s approach differ from other states?
In years past, it used to be that no-fault divorce did not exist. Instead, all divorces required a spouse to provide proof that the other spouse had done something wrong to destabilize the marriage. In other words, the spouse would have to allege that the other spouse subjected them to cruel and inhuman treatment, cheated on them, or was in prison for an extended period of time. Today, all states allow no-fault grounds.
One of the major problems 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 blaming the other for the breakdown of the marriage. Ultimately, a judge was forced to decide which spouse was in the right. This ate up valuable judicial resources and created a major backlog on the docket requiring legislators to change the way divorces were handled.
Talk to a Tampa FL divorce lawyer today
Westchase Law, P.A. represents the interests of couples and individuals in divorce matters. Call our Tampa family lawyers today to schedule an appointment, and we could begin discussing your goals right away.
