Over fifty years ago, California was the first state to implement a no fault divorce statute in the US. Now, many other US states have no fault divorce options.
A no fault divorce in Florida is going to be slightly different from other states. Every state has its own rules and regulations around this kind of divorce.
This is something to keep in mind, as the meaning can vary according to where you live. And if you want to know what is a no fault divorce, the definition can vary a bit.
Keep reading to find out more about getting a no fault divorce in the state of Florida.
No Fault Divorce in Florida Meaning
In Florida, a no fault divorce is when neither spouse has to prove any kind of wrongdoing. Neither spouse will show that the other spouse did something to prompt a divorce.
If the spouse wants to get a no fault divorce, they simply need to state that it is irretrievably broken. Or they need to say that the reason is due to irreconcilable differences.
The most common cause for a no fault divorce in Florida is the marriage is irretrievably broken. For this reason to be acceptable, the court must approve it.
The court will need to deem the marriage as being no longer viable, ended, or a sham. It must find the marriage irreparably broken or with no possible reconciliation.
In many cases, the spouse doesn’t need to give any explanation for the divorce. They only need to agree that their marriage is irretrievably broken.
Florida law also doesn’t need both spouses to agree about the divorce. One spouse can ask for a no fault divorce even if their spouse doesn’t agree.
Factual evidence is often needed for the court to approve the divorce. This evidence is minimal and will not require an investigation or any kind of proof.
The spouse could say that they don’t love their spouse anymore or cannot get along with them.
What Is the Purpose of a No Fault Divorce?
In Florida, the main point of allowing no fault divorces is to give spouses a way out. They have an option if the marriage is no longer working for them.
This helps to prevent the spouses from becoming adversaries or starting a malicious divorce case. This type of divorce allows both parties to dissolve the marriage without issues.
A no fault divorce case also allows for a divorce without spouses having to make accusations. It allows them to come to a peaceful conclusion without having to start an investigation.
The majority of states that offer this divorce option have found it to be very useful. It allows for a simple separation without the parties becoming aggressive.
What Are the Requirements for a No Fault Divorce in Florida?
Because Florida doesn’t need any proof when it comes to no fault divorces, this is simpler. Although, you do have to provide some explanation as evidence by the court.
A Florida divorce attorney can help you to create an explanation that will be acceptable. This is usually very simple, and most people say that they no longer love their spouse.
This is mostly done for formalities, as a way to show that the spouse cannot repair the relationship. This is unlike other kinds of divorce, where you may have to provide proof.
This allows the marriage to end without either party having to dig up any proof of wrongdoing. This is why a no fault divorce simpler, faster, and more peaceful between the spouses.
Does Adultery Affect Alimony in a No Fault Divorce?
If adultery is a factor in a no fault divorce, this should be included in the case. It can be used as proof of why the spouse wants the divorce or why they want to claim alimony.
The adultery should be in the area where the spouse claims that the marriage is irretrievably broken. The court will then have the discretion to decide if an award is due.
In these cases, alimony cannot be used to punish the adulterous spouse. So this is no guarantee that alimony will be released or withheld on these grounds.
It will be taken into serious consideration if the adultery led to marital property issues.
Does Domestic Violence Affect Alimony in a No Fault Divorce?
When it comes to the addition of domestic violence in a no fault divorce, the rules are similar to those with adultery. Domestic violence does not guarantee any changes to alimony.
In Florida, this can affect the amount of alimony that is rewarded as it will be taken into consideration. The abuser will also be required to cover any medical expenses.
Any extended recovery time from that abuse will also need to be assisted by the abusing spouse. Whether this affects alimony will be at the discretion of the court.
Like adultery in a no fault divorce, domestic abuse is not grounds to punish the other spouse.
What a No Fault Divorce Means in Florida
If you want to get a no fault divorce in Florida, you may be wondering what this entails. Every state that allows no fault divorces are going to have slightly different rules.
So you will want to be aware of what your state does and doesn’t allow.
Do you want to get a no fault divorce in. the state of Florida? Contact us today at Court Compliance education for access to Florida divorce courses.