Get The Facts On No-Fault Divorce In Fort Lauderdale

No-fault divorce is a common term you may have heard if contemplating divorce proceedings. It generally means that rather than needing specific grounds to file for a divorce, the only requirement is for the couple to claim that the marriage is irretrievably broken. No-fault divorce in Fort Lauderdale is generally assumed to be an easier, less expensive option. However, before agreeing on any terms, our Fort Lauderdale divorce lawyer wants you to be aware of the facts.

No-Fault Divorce In Florida

For decades now, Florida has been what is commonly referred to as a no-fault divorce state. This means that under the Florida Statutes, fault grounds such as adultery, habitual drunkenness, abandonment, or domestic abuse are no longer required in order to end your marriage.

All that is needed to file for a divorce in Fort Lauderdale is for both parties to declare that the marriage is irretrievably broken. This basically means that the marriage has passed the point of being salvageable and that neither party is to blame. Provided the couple meets residency requirements, either spouse may file a divorce petition.

Facts About No-Fault Divorce That Could Impact Your Case

While the concept of a no-fault divorce seems fairly straightforward, there are some facts you need to be aware of. These have the potential to impact your rights, the outcome in terms of a settlement, and how long it takes to resolve your divorce case:

A no-fault divorce is not the same as a simplified divorce.

Divorce in Florida is referred to as the dissolution of marriage. A no-fault divorce simply means you do not have to list fault grounds in order to file for divorce through the Broward County Family Court. This is not the same as a simplified dissolution, in which the couple has no children or any significant amount of marital property and assets.

 A no-fault divorce can be contested.

In an uncontested divorce, both parties consent to the divorce and agree on marital property division, child time-sharing, and other important terms. You can file for a no-fault divorce but still have a contested case, in which your spouse refuses to cooperate, or there are serious disputes over money, property, or children.

Marital misconduct is still relevant.

Just because divorce grounds are not required in Florida, marital misconduct is still relevant in your case. Issues such as affairs, addictions, or other forms of marital misconduct need to be discussed with your divorce lawyer immediately. These could impact marital property division, spousal support, and other divorce-related matters.

To Discuss Your Particular Case, Contact Our Fort Lauderdale Divorce Lawyer

A no-fault divorce does not mean that both parties are in agreement or that marital misconduct did not occur. As these issues could impact your rights in a settlement, it is important to discuss your particular case with our experienced Fort Lauderdale divorce lawyer. To schedule a consultation, reach out and call or contact the law offices of Vanessa L. Prieto online today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

browardclerk.org/Divisions/Family