Not all divorces result from the wrongdoings of spouses. Oftentimes, spouses choose to file for divorce because they simply no longer get along with one other, are no longer in love, or have irreconcilable differences. When neither of the spouses is responsible for the ultimate demise of the marriage, a no-fault divorce may be filed. Florida is among a number of states that have abolished fault as grounds for legally filing for a divorce.
A divorce attorney in Gainesville, FL, can help you understand the details regarding no-fault divorce and guide you through each step. At the Law Office of Silverman, Mack & Associates, our attorneys 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 lawyers help you divorce with dignity. Contact us today for a free initial consultation.
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 or is to blame for the divorce — prolonged incarceration; abandonment and neglect; adultery; impotency; cruel and unusual punishment; among other reasons. Instead, a spouse may file for divorce under reasons that can be categorized as irreconcilable differences, incompatibility, and/or irremediable breakdown of the marriage. While all of these terms indicate that the spouses are unable to get along, these factors are favorably considered by family and divorce courts within the State of Florida.
Where Can I File For No-Fault Divorce?
All states allow no-fault divorces. However, some states have different methods of dealing with no-fault divorce proceedings than in other states. In the vast majority of states, including Florida, no-fault divorces are automatically granted without contest. In other states, judges require spouses to present proof of the demise of the union.
It is best to contact an experienced family law attorney to better understand no-fault divorce procedures in the state of Florida and the implication it may have on both you and your spouse.
How Are No-Fault Divorces Different From Other Divorce Proceedings?
In no-fault divorces, it typically suffices 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 Gainesville lawyer 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, and the general division of the assets.
Although a no-fault divorce may seem to be a simple process, if the other spouse contests to the no-fault divorce by presenting information of the other spouse’s wrongdoings, the no-fault divorce may be rejected by the courts. 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, ensuring you have adequate legal representation is vital to the success of your case.