Florida's No Fault Divorce Law
What Does “No Fault” Divorce Really Mean?
It means a great deal. It means that in order to get a
divorce in Florida, you do not have to prove that your spouse is guilty of some
kind of wrong. You don’t have to prove that your spouse was unfaithful
to you, injured you or your children in some way or was at fault in any
other way before you can ask for a divorce. Thus, Florida is a “no
What Is the Ground for Divorce in Florida?
That the marriage is “irretrievably broken.” (1) All you have
to allege in your divorce papers (your Petition for Dissolution of Marriage)
is that your marriage is irretrievably broken. As proof of this fact,
husbands and wives often say that their marriage is irretrievably broken
because there is no love left in the marriage, there are constant arguments,
there is absolute marital disharmony and marriage counseling would not
put the marriage back together again.
(1) Under certain circumstances, Florida also permits a person to file
for divorce when the “mental incapacity” of one of the parties
is alleged in the Petition for Dissolution of Marriage.
Is It Easier to Divorce in a No Fault State?
Yes. It is far easier to get a divorce in a “no fault” state
such as Florida than in one where a spouse has to prove the other spouses
is “at fault” in some way before the court could grant a divorce.
Adult Decisions Have Consequences For Children
We as adults decide to marry. We as adults bring children into this world.
We as adults decide to divorce. Certainly, there are many compelling reasons
to seek a divorce. As we adults make these adult decisions, however, let
us not forget the children. If their feelings are ignored, our children
will be the true victims of divorce. May we first set forth certain principles
about divorce and children which will underscore all future dialogue about
children in future issues of this newsletter. These principles are as
follows: All children deserve the love, protection and respect of both parents.
- Children have feelings and their emotional health must be our first concern.
- Children must not be used as instruments of vengeance in divorce proceedings.
- Children deserve a childhood. Let both spouses and their attorneys do all
within their power to keep the tragedy of divorce from scarring our children.
- One spouse must never speak ill of the other spouse in the presence of
the children nor knowingly permit anyone else to do so.
- Every effort must be made to foster the love and affection of the child
for both parents.
- It is right and proper for a spouse to zealously seek legal protection
for a child in the divorce proceedings when there is real cause for concern
about the child’s safety.
Talk to an Experienced Tampa Divorce Lawyer
If you have any questions or would like to further pursue a no-fault divorce,
speak with our firm's divorce attorney in Tampa for the advocacy your