What Is A No Fault Divorce?

upset couple

Unlike other states that require a reason, or grounds, for divorce, the State of Florida allows for couples to file for a no-fault divorce. But what exactly does it mean to file under no fault, and is it your only option? At the Law Offices of David L. Hirschberg in Boca Raton, our team of highly trained Florida divorce professionals can help answer this and any other questions that you may have about your case. Call the office or contact us today to schedule a consultation of your case.

What is a No Fault Divorce?

Filing for a no-fault divorce in Florida means that the marriage is irretrievably broken and that the marriage can no longer last. There does not need to be another reason beyond irreconcilable differences to file for a divorce in Florida. Because there are no grounds listed as the reason against one spouse or the other, it is called a no-fault divorce.

Are There Grounds for Divorce in Florida?

Nearly all divorce cases in Florida, whether highly contentious or amicable, fall into the category of a no-fault divorce.  However, there is one other reason why you can file for divorce in Florida. If one spouse is mentally incapacitated, you can list the grounds of mental illness as the reason for your divorce. This is particularly useful if the mentally ill spouse does not want to get a divorce or does not have the capacity to make the decision to file for a no-fault divorce in Florida. In order to file for divorce under these grounds, the spouse filing the divorce petition must show that their spouse was classified as mentally incapacitated in court at least three years prior to the divorce and that notice was sent to that spouse’s nearest blood relative or guardian.

Filing for No Fault Does Not Mean Faultless

It is important to remember that just because you or your spouse files for a no-fault divorce in Florida it does not mean that your spouse was faultless in the failure of the marriage. The reasons behind your no-fault divorce can have significant implications on the outcome of your divorce settlement as well as your living situation during divorce proceedings. If your spouse has domestic violence issues or substance abuse problems you can get a restraining order against your spouse and/or request that your children be placed in your physical care.

In the event your spouse committed adultery, and it can be demonstrated that marital assets were depleted in relation to the affair, you may be entitled to a greater share of the marital estate.

Filing for a no-fault divorce does not mean that you must share everything equally in a faultless case. It simply means that you are not listing a reason for the end of the marriage beyond the fact that it is irretrievably broken, whatever the cause may be. Speak with an experienced divorce attorney today who can review your case and provide top quality legal advice for your divorce.

Contact Us Today for Help

To learn more about no fault divorce filings, contact the Boca Raton divorce attorneys at the Law Offices of David L. Hirschberg today.


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