Divorce Guide

Divorce Guide

Florida No Fault Divorce

Florida is a mixed state. It means that divorce can be granted on the basis of "fault" ground as well as “no-fault” grounds. According to Florida no fault divorce laws, neither of the spouses need to prove the “fault” of the other spouse or establish a “major wrongdoing” in order to get a divorce. If a spouse simply states that there are “irreconcilable differences” or “incompatibility of temperament” then he/she would be granted divorce as the marriage is considered to be “irretrievably broken down”.

Choosing “no-fault grounds” or “fault” grounds

In most of divorce filing cases, spouses base the grounds of divorce as “no-fault” or ‘fault” grounds depending on their requirements and the situations. Sometimes, a spouse may file no-fault divorce even if there was a substantial “wrong doing’ on part of the other spouse. He/she may have done to avoid messier litigations and conflicts in the court to prove the “fault” of the other spouse. This could be considered damaging for the child or may take longer than assumed. Fault grounds of divorce are preferred if a spouse wishes to have an edge over the other in terms of child custody or property division.

Residential requirements in Fl no fault divorce

It is required for a person to be staying in the state of Florida for at least a period of 6 months proceeding of filing no-fault divorce. One must file the divorce papers in the county where the defendant stays or in the county where both the spouses had resided during the course of marriage.

Uncontested Florida no-fault divorce

In case the divorce is uncontested which refers to the fact that the spouses have no disputes over matters concerning child custody or spousal support or property division, then, ideally speaking they would get the divorce on the 30th day of filing the divorce in Florida. Such a quick process of divorce happens if the spouses also provide a marital agreement stating (in writing) the legally formulated plan to settle the matters mentioned earlier regarding their child or property. In case, there are disputes over these issues, the divorce proceedings may take longer

Property division and FL no-fault divorce

Matters regarding property division are settled in the state of Florida on the basis of “equitable distribution”. Here, the marital property acquired during the course of marriage is fairly and equitably divided among the spouses but not split into two halves. The non-marital property (property of the spouse acquired before the marriage) is not affected in this process and reverts back to the spouse who is the actual owner.

Judges may modify property distribution criteria if the fault of a spouse is considered to have affected the financial position of the other partner.

Child custody and FL no-fault divorce

The issue of child custody is mostly settled outside the court in no-fault divorce cases. But, some spouses may challenge the custody issues or the visitation rights on the basis of any detrimental effect on the child by the other spouse. An adulterous affair can color the eyes of the judge and the custody of the child may not be granted to that parent as the “moral character” of the parent is in question. Thus, the entire premise of the courts would be the ‘best interest of the child”. If it is determined that a parent may have a damaging effect on the child, then he/she may not get the custody of the child and the visitation rights may be supervised. In most of the no-fault divorce cases, this does not happen. Visitation timings and schedules are generally conducted in the premises of one spouse and both the parents may get the joint custody of the child. Child support needs to be extended to the child in both “fault” as well as “no-fault” grounds till the child turns 18 years old.

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