Does the Reason for My Divorce Even Matter in Florida?

People have many reasons for getting divorced in Florida. Some end marriages due to financial pressures. Some break up after instances of infidelity. Others simply get to the point where they can’t stand each other. But does your reason for divorce even matter in Florida? Should you even bother trying to come up with a valid reason to get divorced? Or can you simply walk away from your marriage? How might the reason for your divorce affect things like child support, child custody, alimony, and property division? Let’s find out:

Florida is a “No-Fault” Divorce State

The first thing you need to know is that Florida is a “no-fault” divorce state. This means that you do not need a valid reason or “grounds” for divorce. In fact, you don’t even have the option to provide a reason for your divorce as part of the legal process. All spouses must simply cite “irreconcilable differences” as the reason for their divorce.

Does this system benefit you? The argument is that no-fault divorce is easier and more convenient than an “at-fault” divorce. For states that allow no-fault divorces, spouses must go through the process of proving certain types of misconduct — such as infidelity, abuse, or addictions. This pushes up your legal fees and makes the entire process longer and more stressful.

On the other hand, some argue that no-fault divorce has its benefits. It allows you to point the finger at a spouse guilty of misconduct — perhaps achieving a sense of justice and closure that can help with your psychological recovery. But at the end of day, this just isn’t possible in Florida — so it’s not something worth thinking about.

Why the Reason for Your Divorce Might Still Matter

Despite all of this, the reason for your divorce might still matter. Although at-fault divorces are not allowed in the Sunshine State, you can still take advantage of the misconduct you have experienced during your marriage. For example, past infidelity can affect your alimony award. Spouses who are guilty of adultery may not receive alimony.

Misconduct may also affect child custody. For example, abusive spouses are far less likely to spend time with their children after a divorce — and their visits may need to be supervised. The same logic applies to spouses who are struggling with substance abuse issues. Proving that your spouse was carrying out this misconduct during the marriage can help you protect your children and serve their best interests. Speak with a lawyer to determine how you can best approach this situation.

Get in Touch with a Qualified Florida Divorce Lawyer Today

If you’ve been searching for a qualified, experienced divorce attorney in Trenton, look no further than the Shochet Law Group. Over the years, we have assisted numerous divorcing spouses in the Sunshine State. Whether you have a particular reason for getting divorced or not, it’s important to approach this situation in the most effective manner possible. Book your consultation today to get started with an effective action plan.

Sources

1. https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=1838&context=lr
2. https://www.floridabar.org/public/consumer/pamphlet010/

Shochet Law Group

409 N. Main Street
Trenton, FL 32693
(352) 354-4518 or (877) 548-9888
[email protected]

If you have further questions about this article or legal concerns, call 800-672-3103