Understanding “No-Fault” Divorce

In Florida, you no longer need to prove fault on the part of your spouse in order to get a divorce. In fact, under amendments to Florida’s divorce law, filing for divorce on the grounds of fault is no longer even an option. As a result, if you are seeking to end your marriage in Florida, you must file for a “no-fault” divorce. The Sarasota Divorce Lawyers at Jodat Law Firm can help you understand this issue clearly.

Why Does Florida Have a “No-Fault” Divorce Law?

Under Florida’s “no-fault” divorce law, either spouse can file for divorce at any time. To do so, all they have to show is that the marriage is “irretrievably broken,” or that the parties have reached irreconcilable differences. This “no-fault” rule provides a number of important benefits for the spouses and, if applicable, for their children as well.

The driving force behind Florida’s “no-fault” divorce law is that it makes it easier for spouses to file for divorce. If your spouse is physically or verbally abusive toward you or your children, you no longer have to go through the burdensome – and frequently challenging – process of proving that you are a victim of domestic violence. Similarly, if you want to get divorced because you found out that your husband or wife was cheating, you do not need to uncover all of the details in order to prove to a judge that your spouse was having an affair.

In addition, with a “no-fault” divorce, child support and timesharing (custody) rights are determined based solely on the best interests of the child. Now, Florida law sets out a laundry list of factors that the courts use for determining what is best for a couple’s children in a divorce. This is actually one area where fault can still come into play, but only if it impacts the children’s welfare or wellbeing (primarily in cases of domestic violence).

Two Ways to File for a Florida “No-Fault” Divorce

In Florida, there are two primary ways to file for divorce. These are referred to as “simplified dissolution of marriage,” and “regular dissolution of marriage.”

Florida Simplified Dissolution of Marriage

With a simplified dissolution of marriage, you can avoid many of the formalities and procedures involved in a regular dissolution. But, because the process is simpler, it is only available if you are seeking a fairly straight-forward divorce. In order to qualify for a simplified dissolution of marriage:

  • Both spouses must agree to use the simplified process;
  • Both spouses must agree that their marriage is irretrievably broken;
  • You or your wife cannot be expecting a baby, and you cannot share any minor (under 18) or dependent children;
  • You or your spouse must have lived in Florida for at least the past six months;
  • You and your spouse must agree on how you will divide your assets and split your debts; and
  • Neither you nor your spouse can be seeking alimony.

While it is possible to file for a simplified divorce without the help of a Sarasota divorce attorney, there are several important reasons to consider seeking legal representation. Among them is that, if you make mistakes during the process, fixing them can take more time (and cost more money) than it would have taken to handle your divorce properly the first time around.

Florida Regular Dissolution of Marriage

If you do not qualify for a simplified dissolution, then you will need to follow the regular dissolution process. However, a regular divorce does not necessarily have to be adversarial. For example, if you have children or you or your spouse will be seeking alimony (and so you do not qualify for a simplified dissolution), you can still work through all of the related issues in a non-adversarial process. Negotiations, mediation, and collaborative law are all options couples can use to arrive at the terms of their divorce without going to court.

Of course, sometimes, going to court is the only option. If you and your spouse cannot come to terms, you may need to ask a judge to resolve your differences. But, even in this situation, you and your spouse may still be able to resolve many of your issues independently, leaving only the sticking points to be battled out in the courtroom.

Are You Considering a Divorce? Contact Jodat Law Group for More Information – Your Sarasota Divorce Attorneys

At Jodat Law Group, we represent individuals in simplified, complex, and contested divorces throughout the greater Tampa, FL area with offices in Bradenton, Sarasota, Tampa and Venice. We have decades of experience helping clients protect their rights during divorce. If you are considering a divorce, or if you think your spouse may be preparing to file, we invite you to contact us for a free consultation.

Summary
Divorce Attorney
Service Type
Divorce Attorney
Provider Name
Jodat Law Group, PA,
Area
Sarasota
Description
At Jodat Law Group, our Bradenton and Sarasota divorce attorneys are here for you. Contact us today for a free consultation. Who's that? JODAT. 941.355.6328