Understanding “No-Fault” Divorce in BradentonMarch 10, 2016
For many years now, Florida has been among the majority of states that allow spouses to file for a “no-fault” divorce. Under the “no-fault” model, either spouse can seek a divorce (or, a “dissolution of marriage” in legal terms) on the grounds that their marriage is “irretrievably broken,” or that they have reached irreconcilable differences. If you are considering filing for divorce in Florida, you will most likely be filing for a “no-fault” divorce. Our no-fault divorce lawyer in Bradenton can help you get the results that you deserve.
Why is the “No-Fault” Divorce Rule in Place?
The “no-fault” divorce model provides a number of benefits as compared to a traditional, fault-based divorce. Most importantly, with a no-fault divorce, it is easier to get out of an unsafe marriage. A spouse who is being abused does not need to prove what they are going through in order to get a divorce. Under the old fault-based model, abusive and violent spouses would often contest divorce proceedings, prolonging the process and subjecting their spouses to more violence and abuse.
Additionally, with a “no-fault” divorce, child custody, child support, spousal support and property division determinations are based on need and the best interests of the couple’s children rather than fault during the marriage. Certain forms of marital fault – such as domestic violence and financial misappropriation – can play a limited role, but they are not the primary bases on which post-divorce rights will be determined.
How do I File for a “No-Fault” Divorce in Florida?
In Florida, there are two primary ways to file for a “no-fault” divorce. These are referred to as “simplified dissolution of marriage,” and “regular dissolution of marriage.”
Florida Simplified Dissolution of Marriage
A simplified dissolution of marriage allows spouses to divorce without many of the formalities and procedures involved in a regular dissolution of marriage (discussed below). In order to file for a simplified dissolution, all of the following requirements must be met:
- Both parties agree to the use of the simplified divorce process and that their marriage is irretrievably broken
- The parties are not expecting a baby and have no minor (under 18) or dependent children
- At least one of the parties has lived in Florida for the past six months
- The parties have agreed on the division of all of their property and debts
- Neither party is seeking alimony
No-Fault Divorce Attorney in Bradenton
If you and your spouse qualify for a simplified dissolution, you may be able to complete the process without an attorney. However, it is still generally advisable to discuss your situation with a no-fault divorce lawyer in Bradenton before making any long-term decisions about your family.
Florida Regular Dissolution of Marriage
If you do not meet all of the requirements for a simplified divorce, you will need to file for a regular dissolution of marriage. Regular dissolutions can still be non-adversarial and fairly straight-forward, and there are numerous options – including mediation and collaborative law – for resolving any differences out of court. The Florida Bar provides a nice resource for individuals contemplating divorce. You can also contact Jodat Law Group for additional information.
No-Fault Divorce Lawyer in Bradenton | Jodat Law Group
If you are considering filing for divorce, we encourage you to contact us for a free initial consultation. To speak with a no-fault divorce lawyer in Bradenton about your situation, call (877) JodatLaw or contact us online today.