What are the Grounds for Divorce in Florida?
Generally speaking, when you engage in a divorce, you have to specify grounds (or legal reasons) why you’re divorcing. This particularly holds true in states that allow fault-based divorces. Florida is not one of those states. The State of Florida only permits no-fault grounds for divorce. In other words, the grounds for every divorce in Florida is the irretrievable breakdown of the marriage. That doesn’t mean you can’t make accusations against your spouse in court. If you suffered abuse during your marriage, then you provide the court with testimony and evidence of the abuse. The court will consider this evidence and apply it to your case. But you can’t cite cruelty as a ground for your divorce. In this article, the Clearwater, FL divorce lawyers at Cairns Law, P.A. will discuss Florida’s no-fault grounds and how they work.
Fault-based as opposed to no-fault divorces
In fault-based states, grounds for divorce are the legal reasons why a couple is splitting up. In some states, you can specify certain grounds like adultery, cruelty, inhumane treatment, abandonment or desertion, and more. The State of Florida only permits no-fault grounds for divorce. These grounds do not assign blame to either party. On the other hand, fault-based grounds require one spouse to prove that the other spouse committed some form of wrongdoing.
States that only permit no-fault grounds have done so to prevent the courts from being clogged up with endless accusations made by embittered spouses. In Florida, there are only two grounds for divorce: the irretrievable breakdown of the marriage, or the mutual consent of both parties.
Mediation and collaborative divorce as opposed to litigation
Just because the State of Florida does not permit fault-based grounds, it doesn’t mean that couples don’t battle it out in court. Couples who are unable to resolve their divorce on their own will require the courts to intervene on their behalf. In these cases, each spouse has their own lawyer who advocates on their behalf. The process is adversarial or contested. Each spouse can hire their own expert witnesses such as child psychology experts, forensic accountants, and others. In these cases, spouses can and do blame one another for the breakdown of the marriage.
There is, however, an alternative to litigation. If two spouses can come together to negotiate all key issues related to their divorce, they can avoid the costly and emotionally draining litigation process and keep their divorce out of the courtroom.
There are two ways of accomplishing this. The first is mediation, and the second is collaborative divorce. Mediation involves the spouses negotiating with a third-party mediator. The mediator is a neutral party who cannot give legal advice. Instead, they help the couple reach an accord.
Collaborative divorce is another way to amicably dissolve a marriage. Collaborative divorce is based on the collaborative law process. Each party signs a contract to engage in the collaborative process. Each party has their own attorney. This is a relatively new way to dissolve a marriage, and it’s becoming more popular in recent years.
Talk to a Largo, FL Divorce Attorney Today
Cairns Law, P.A. represents the interests of divorcing couples in Largo, FL. Call our Largo family lawyers today to schedule an appointment, and we can begin discussing your case right away.
