How No-Fault Divorce Works in Florida

Florida is a no-fault jurisdiction. The main way to get a divorce is to prove that the marriage is irretrievably broken. This is not a difficult task. In some cases, the court can abate or hold off on a divorce case in order to compel the parties to go to counseling. However, this period cannot exceed three months according to Florida law.

Fault Is Generally Irrelevant–But There Are Exceptions

It is a relatively straightforward process to prove that a marriage is irretrievably broken. The court will typically not consider evidence of fault and will likely restrict the introduction of such evidence at the time of trial. The only time fault really comes into play is when one party has spent a considerable amount of money on an adulterous affair and has dissipated marital assets as a result. The court can consider this type of evidence in order to determine how much money was spent on this affair. 

As a result, the other spouse is entitled to 50% reimbursement for any dissipated funds that resulted from an adulterous affair. In certain cases, in order to confirm the veracity of the allegations, it is permissible to take the deposition of the person with whom the other party had an affair.

Our firm handles divorce and family law cases throughout Florida. If you have more questions, please call us, and we will be happy to talk to you and provide you with more details.

Speak With a Florida Divorce Lawyer Today

The Florida divorce lawyers at Winthrop Law Offices, P.A., are dedicated to providing every client with the answers they need to make informed decisions. Contact our firm today to schedule a free consultation.