Do I Need To Prove Fault in a Florida Divorce Case?

If you are considering a divorce, you may be asking yourself many questions. One of the questions you may be asking yourself is if you need to prove fault in your divorce case. In the United States of America, there are two different types of divorce, i.e., no-fault divorce and fault divorce. In a no-fault divorce case, you do not have to prove fault. On the other hand, you must prove fault in a fault divorce case.

In a Florida divorce case, do you need to prove fault?  No. You do not need to prove fault in a Florida divorce case. In Florida, you are not required to prove that the other spouse was responsible for the breakdown of the marriage. This is because Florida is a no-fault divorce state. However, there are certain things you must prove to get a Florida divorce and several issues you must address during a Florida divorce. Therefore, it is essential that you retain an attorney if you are considering getting a divorce in Florida. A qualified divorce lawyer can help you understand the factors you need to prove in your case and help prove these factors.

Can “Fault” play a role in a Florida Divorce Case?

When filing for divorce in Florida, there are two primary grounds that can be plead. Either the marriage is “irretrievably broken” or, pursuant to Florida Statute Section 61.052, one party is mentally incapacitated; however, mental incapacity is rare.  Moreover, to file on the grounds of mental incapacity, you will need to prove that your spouse was deemed legally incapacitated at least three years prior to the filing of divorce papers.

Generally, parties file for divorce on the grounds that the marriage is “irretrievably broken.”  Because Florida is a no-fault divorce state, the pleading party is not required to include details of fault in a petition. There are exceptions; however, where certain details are relevant to an important decision the court will need to make. Otherwise, the details need not be plead.

Despite being a “no fault” divorce state, there are areas where fault can be relevant and will be considered. For example, under the new alimony statute, the court can consider the infidelity of either party in awarding or denying alimony. Likewise, in cases where timesharing of a child or children is at issue, the court can consider the moral fitness of a parent as a factor in its analysis. These are just two examples of where a type of “fault” can be relevant. In these cases, it will likely be plead and litigated.  These types of cases are generally more lengthy and stressful.

Divorce-related issues can be emotionally challenging and complex. It is vital to seek the help of a skilled divorce lawyer.

Contact a Jacksonville Divorce Lawyer

To get help with your Florida divorce case, contact a skilled Jacksonville divorce lawyer at The Lasky Law Firm.