No-Fault Divorce


Not all divorces result from wrongdoings of spouses. Often, spouses choose to gain a divorce because they simply can no longer get along with each other, are no longer in love, or have differences that cannot be resolved. When neither of the spouses are responsible for the ultimate demise of the marriage, a no-fault divorce may be filed. A divorce attorney in Gainesville, FL, can help you understand what a no-fault divorce is and how it works.

What is A No-Fault Divorce?

A no-fault divorce allows a spouse to file for a divorce without addressing or proving that the other spouse did something wrong (such as prolonged incarceration, abandonment and neglect, adultery, impotency, cruel and unusual punishment, etc.). Instead, the spouse may file a divorce under reasons that can be categorized as “irreconcilable differences,” incompatibility,” and/or “irremediable breakdown of the marriage.” While all of these are fancy terms that indicate that the spouses are unable to get along, they are factors that are favorably considered by Florida family and divorce courts.

All States Approve No-Fault Divorces

All states allow no-fault divorces. However, some states have different methods of dealing with no-fault divorce proceedings. In most states, including Florida, no-fault divorces are automatically granted. In other states, judges require spouses to present proof of the demise of the union. It is best to contact an experienced family divorce lawyer to better understand no-fault divorce procedures in the state of Florida and the implication it may have on both you and your spouse.

No-Fault Divorces vs. Other Divorce Proceedings

In no-fault divorces, it is usually enough for a spouse to file a petition declaring the irreconcilable differences as grounds for divorce. There is no need to present the wrongdoings of the other spouse or provide details on the events that led to the irreconcilable differences. This prevents spouses from releasing their “dirty laundry” and other personal matters to the court. A family attorney can help you understand how to describe your reasons for a no-fault divorce in a manner that is permissible in Florida courts.

With other divorce proceedings, typically fault divorces, clear details and proof of the other spouse's’ ill behavior must be presented to the court. These sort of divorces can become emotional, as the evidence presented can play a role in the determination of spousal support, alimony and general division of the assets.

Although no-fault divorces seem easy, if the other spouse contests to the no-fault divorce by presenting information of the other spouse’s wrongdoings, the no-fault divorce may not be granted. Even if the no-fault divorce is approved, the distribution of assets, parenting plans and spousal support must be established. In order to protect your interests and understand your rights and entitlements during a no-fault divorce, divorce lawyers are vital.

Divorce Lawyers in Gainesville, FL

At the Law Office of Silverman, Mack & Associates, our experienced divorce lawyers are well-versed in Florida divorce laws. We are also familiar with how to make no-fault divorces work in your favor. You have the right to conclude your marriage with integrity. Allow our divorce lawyers in Gainesville, FL, help you divorce with dignity.

Contact us today for a free initial consultation.