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What are the legal reasons to file for divorce in Florida?

On Behalf of | Feb 24, 2022 | divorce

When you realize that your marriage is not healthy or happy, you can file for divorce. There is some confusion about when you can file for divorce and on what grounds, as the rules do vary from state to state.

Florida is what is known as a no-fault divorce state. What grounds can you use for filing for divorce in Florida?

You must claim an irretrievable breakdown of the marriage

Under Florida’s no-fault divorce statute, the only legal grounds for a divorce filing is the breakdown of the marital relationship to a point where one spouse feels it is beyond repair. There is no evidence necessary to prove this other than the testimony of one spouse.

You don’t have to prove any misconduct on the part of your spouse either. Even if you file for divorce because you found out they were cheating on you, a no-fault divorce does not require that you make such claims in open court or have any evidence of their infidelity to end the marriage successfully.

What are the benefits of no-fault divorce?

Perhaps the biggest benefit of a no-fault divorce is that it offers no opportunity for defense. In a divorce based on fault, the spouse accused of misconduct could always potentially defend themselves, meaning that their spouse doesn’t secure the divorce they wanted. Additionally, needing to present evidence to the courts about misconduct requires a lot of time and can increase the cost of divorce.

A no-fault filing in Florida is faster than a fault-based divorce and can help you keep the costs lower at the end of your marriage. Learning the basics of Florida divorce laws will help you prepare for your filing and protect yourself in the family courts.