What is a No-Fault Divorce?
When you file for a divorce in Florida, you do not have to prove the fault of the other party.
Separating from someone with whom you have spent many years of your life is never easy. What can make it even more difficult is a complex, contentious divorce proceeding. In Florida, divorce does not have to be a drawn-out, messy process that leaves everyone involved feeling exhausted and overwhelmed. By filing a no-fault divorce and seeking an uncontested divorce process, you may be reducing the amount of time and energy your divorce proceeding demands. Here is an overview of what you should know about no-fault divorce in Florida.
What is a No-Fault Divorce?
A no-fault divorce is a divorce in which the petitioner (the party who originally files for divorce) files for the divorce based on the irretrievable breakdown of the marriage, rather than file for divorce on specific fault-based grounds, such as adultery. Florida is a no-fault divorce state, so either party can seek a divorce without having to prove the fault of the other. (Note that fault can impact other areas of a divorce case, though, such as a property division settlement.)
What is a Contested Divorce?
Keep in mind that a no-fault divorce is not the same thing as a no-fault divorce. A contested divorce is a divorce in which the terms of the divorce—such as how property will be divided or how custody of children will be shared—are contested. An uncontested divorce, on the other hand, is a divorce in which both parties are in agreement about how the divorce will be settled. Filing for an uncontested divorce can greatly expedite the divorce process.
Will Fault Impact My Divorce Settlement?
As mentioned above, Florida is a no-fault divorce state, so neither party needs to prove the fault of the other. However, fault in a marriage, or marital misconduct, could impact the terms of a divorce. For example:
- If your spouse used marital funds to support an affair, a judge may issue a property division judgment in your favor
- If your spouse engaged in domestic abuse, this could impact their ability to be awarded custody of your shared child
- If your spouse hides assets during the marriage and the divorce and this is uncovered, it could impact a property division or spousal support judgment
How Can a Florida No-Fault Divorce Attorney Help Me?
If you are filing for a divorce or have recently been served with a petition for divorce, it is strongly recommended that you reach out to an attorney for legal counsel as soon as possible. Even if your divorce is not contested—and especially if it is—an attorney can protect your rights and advocate for your best interests. Your attorney will prepare your case, gather evidence to support your requests in the divorce, and represent you in mediated settlement discussions and in a divorce hearing before a judge.
When you are getting a divorce, there is a lot on the line. At the Law Office of Mark G. Rodriguez, P.A., our experienced Florida divorce attorney is here to advise you of your rights and support you during this difficult time. Reach out to our law firm by phone or online at your convenience to learn more about how we can help.