No-fault Divorce in Florida:
Florida is a no-fault divorce state. This means that either party can ask for a divorce simply based on the fact that they are incompatible. Incompatibility is often also referred to as having irreconcilable differences with the other party. Put another way, in order to petition for a divorce, you don’t need to accuse the other party of behavior that caused the breakdown of the marriage and a court can grant a divorce without finding any evidence of bad behavior on the part of either party.
So, for example, if one party has committed adultery, this information does not impact that party’s ability to file for divorce. Even if the reason why the party really wants a divorce is because they are involved with someone else, they can still petition the court for, and receive, a divorce.
If Florida is a no-fault divorce state, does that mean adultery doesn’t matter?
Not necessarily. Just because one party’s adultery won’t prevent the court from granting them a divorce, information about one party’s behavior, such as one party’s adultery, gambling, etc., can still be a factor in the final results of the divorce process. For example, a court can take the adultery of one party into account and the court’s decisions on such matters as the division of property, alimony and child custody and support may be impacted by the existence of adultery in the marriage.
So remember, no-fault divorce means either party can obtain a divorce regardless of any ‘’fault’’ that may have occurred. However, evidence of ‘’faults’’ committed during the marriage may impact the divorce process and the final outcomes.
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