What is Florida’s No-Fault Divorce Law?

Divorce can be a complicated process—it is not only deeply personal but also a legal matter. Going through a divorce often demands an in-depth understanding of different laws, many of which can vary from one state to another. If you are going through a divorce or considering one in Miami, understanding the concept of “no-fault” divorce is particularly important.

We recommend scheduling a consultation with an experienced divorce attorney in Miami to make your divorce proceedings less stressful.

What Is a No-Fault Divorce?

A “no-fault” divorce is where neither partner must prove that the other is to blame for the failure of the marriage. It is based on the belief that marriage can fail even if neither spouse has done anything particularly wrong—think adultery, abandonment, or domestic violence. None of those factors are necessary to file for divorce in Florida.

Florida is one of the states that have adopted no-fault divorce laws. These laws state that there is no need to establish any specific cause for the divorce other than that the spouses have irreconcilable differences, or the marriage is irretrievably broken. This means that if you or your spouse believe your marriage is “irretrievably broken,” that is reason enough to file for a divorce in Florida.

What Does No-Fault Divorce Mean for You?

The no-fault divorce law was designed to reduce the potential stress and risks of conflicts often resulting from divorce proceedings. With the need to assign blame removed, the process can be more straightforward and less conflict-ridden.

However, it is worth noting that just because fault is irrelevant in granting the divorce does not mean it is not a consideration to other aspects of the proceedings. For example, while Florida courts will not consider marital misconduct when dividing assets, they may do so when determining alimony or child custody. For this reason, it is crucial to work with a reputable law firm in Miami specializing in divorce cases, such as the Kirlew Law Firm. Their experienced Miami divorce attorneys can help you through this complicated process and work with you to achieve the best possible outcome.

Contact the Kirlew Law Firm today at 305-521-0484 for a free phone consultation!