Is Florida a No-Fault Divorce State? What Does That Mean for Me?

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If you are a resident of Florida and are looking to end your marriage through divorce, it’s important to understand the laws of the state. Florida follows the no-fault laws regarding divorce. This means either spouse within a marriage can seek a divorce without having to provide a specific reason.

No-fault divorce laws mean that neither spouse has to prove the other has committed any wrongdoing throughout the marriage. All that’s needed is for one party to claim the marriage is irretrievably broken, which is also known as irreconcilable differences. Additionally, there is no requirement for both spouses to agree on this. The court decides to allow the divorce to proceed once one person states irreconcilable differences.

It’s also important to know that with a no-fault divorce in Florida, the other spouse cannot contest the divorce. At the same time, if there was any wrongdoing within the course of the marriage, the court may consider certain aspects such as assets, liabilities, alimony and child custody.

If one spouse committed adultery during the marriage, by Florida law, this can have an impact on the amount of spousal support to be paid or received. This is a matter that should be brought to the attention of the judge through the petition for divorce or when one party claims alimony or wants to be awarded property.

As per Florida law, there are certain requirements to be able to file for divorce. At least one spouse must have resided in the state for at least six months prior to filing a petition with the court. The petition must also be filed in the county in which the parties live. If one spouse is a member of the military and lives in Florida but is stationed elsewhere, there is an exception to the six-month rule.

If you are in Florida and want to end your marriage, you need the assistance of the Law Office of Scott A. Ferris. A Miami divorce and mediation lawyer is your best bet to proceed. You can get the help of the best divorce attorney Coral Gables has to offer. Contact a Miami divorce and mediation lawyer at the Law Office of Scott A. Ferris at your earliest convenience. You will be able to speak with a top divorce attorney Coral Gables has to offer about your situation.