The concept of ‘No Fault Divorce’ is one that has evolved over time as state legislatures attempted to redefine the legal rules surrounding the dissolution of marriages. Historically, states required parties to a divorce to prove ‘fault’ regarding the demise of the marriage. For example, New York required that a party prove cruel and inhuman treatment, adultery, confinement, or abandonment, in order to successfully dissolve a marriage. The policy reason behind this was that states wanted to protect the institution of marriage and encourage reconciliation amongst the parties.
So, what happened?
The simple answer is that state legislatures came to the realization that divorces often do not involve ‘fault’ in the traditional statutory sense. Instead, couples may often be incompatible, unhappy, and simply feel that their marriage is broken beyond repair. For this reason, states opted to introduce the concept of ‘No Fault Divorce.’
What is ‘No Fault Divorce’?
No fault divorce essentially means that the parties to a divorce only have to show that the marriage is irretrievably broken or there are irreconcilable differences between the parties.
How do I file for a ‘No Fault Divorce’ in Florida?
In Florida, the process for filing for a no fault divorce is simple.
First, a legal marriage must exist.
Second, one of the parties must have been a permanent resident of the State of Florida for a minimum of 6 months prior to the filing of the Petition.
Third, the parties must properly allege that the marriage is irretrievably broken or mental incapacity of one of the parties.
But what if fault exists?
Often divorces are precipitated through the fault of one of the parties. For example, adultery is a common catalyst for divorces.
So, what role does adultery or other types of fault play in divorce proceedings?
Surprisingly to most, adultery is not considered in the decision to grant a dissolution of marriage. However, adultery or other types of fault may play a critical role in the allocation of marital assets through equitable distribution. For example, if your spouse is engaged in an adulterous relationship, and makes expenditures on that relationship, than you may be entitled to receive a 50% share of what your spouse spent on their adulterous relationship. While, adultery may not play a pivotal role in the decision on whether or not to grant a divorce, it can become a crucial factor in determining proper distribution of marital assets.
In Conclusion, we have answered the question of ‘is florida a no fault divorce state’ with the answer of:
YES – Florida is a NO FAULT state!
William S. Foley, PA can help you in your divorce.
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