Many Florida residents end their marriages in divorce, and those who do not get divorces themselves likely know others who have gone through and completed the process. A divorce ends a marriage, but just as marriages can look very different, so too can divorce proceedings. Some parting couples may choose to litigate the ends of their marriages in court, while others may elect to mediate their divorces in less formal settings.
However they get there, divorcing parties start by basing their decisions to end their marriages on specific grounds for divorce. In Florida, that means alleging that a marriage is irretrievably broken. This post will discuss the no fault grounds for divorce in Florida, but readers are reminded that no part of this blog constitutes legal advice.
Fault vs. no fault grounds for divorce
In other states throughout the country, divorcing parties can choose to end their marriages based on fault grounds. For example, a person may allege that their spouse committed adultery, was imprisoned for a lengthy period of time, or subjected them to cruelty during their marriage. Those fault grounds can be openly discussed in court and used as the means of terminating a marital relationship.
Fault is not required to get a divorce in Florida. Instead, a person or both parties to a divorce must only claim that their marriage is irretrievably broken, even if they reason for the breakdown is a claim of fault. By utilizing a no fault grounds for divorce, individuals can sometimes keep their private matters out of the public venue of a family law court.
Additional steps to divorce
Filing for divorce and claiming the irretrievable breakdown of a marriage is only one part of the divorce process. Individuals must meet residency requirements to use the Florida courts to secure their divorces. They must declare and divide their property under the state’s equitable distribution principles. They must manage child custody and support matters for their minor children.
Getting to the end of a divorce can be hard, even when it is an agreed upon process. Readers who are contemplating divorce can seek the counsel of local family law attorneys for case-specific guidance and support.