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What Are the Grounds for Divorce in Florida?

On Behalf of | Oct 18, 2022 | Family Law | 0 comments

Getting a divorce means you dissolve a legally binding contract. The law views marriage as a legal situation, which is why you must take legal action to formally end the marriage.

Because of the legal aspect of ending a marriage, it used to be the case that you had to declare a reason for your request. The court would then need to ensure that your reason was applicable under the law. If you could not prove your reasoning, the court could decide not to grant you a divorce.

Changes to This Process

However, things have changed. While a divorce is still a legal process, in Florida, there is no longer a requirement to prove your reasoning or grounds for seeking a divorce. Simply stating that your relationship is over and there is no chance of reconciliation, or that it is “irretrievably broken”, will be enough to legally move forward with the process.

What if Your Divorce Is Fault Based?

Of course, in some situations, the reasoning behind the divorce may be more than an irretrievable breakdown of the marriage. This could include adultery, abandonment, substance abuse and so on. While you may pursue a fault-based divorce in Florida, proving fault can be notoriously challenging. Because of this, many opt to simply pursue a no-fault divorce instead to move the process along more efficiently.

In the past, some people would use these grounds as an argument for other aspects of the process. For example, if a spouse had an affair, the other spouse might use this as leverage to get more assets or a more favorable child custody arrangement. That generally will not happen now unless the issue at hand is abuse.

If you are considering filing for divorce and are unsure whether to pursue a no-fault or fault-based divorce, consider speaking with a divorce attorney. They can advise on what may be best for your situation depending on your specific circumstances and goals both during the divorce process and after.