Law Offices of Barry I. Finkel, P.A.
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What is the difference between fault and no-fault divorce?

Florida is a no-fault divorce state. It is one of the many states that abolished fault divorces. The only thing that technically needs to be proved is that the marriage is “irretrievably broken.” When filing for divorce, you basically need to prove that the marriage existed and that it cannot be repaired. The reasoning behind the dissolution of marriage does not technically play a role in the divorce, although it can be used to make some decisions in limited cases.

For example, the reason for why the marriage is irretrievably broken may play a role in deciding the distribution of marital assets or debts, alimony and any potential parenting plan. A family law attorney can help you understand how the unique aspects of your divorce will affect the outcome of your divorce case.

Although some states still allow fault divorces, all states recognize no fault divorces. In general, this just means that the spouses don’t need to prove fault on the part of the other spouse. When a person states that the marriage is ending because of irreconcilable differences, it is basically a legal way of saying the two individuals no longer get along and cannot continue to be married.

In states where fault divorces are allowed, some of the most common reasons for a fault divorce include adultery, prison confinement, physical inability to have sex, cruelty, and prolonged abandonment.

Even if you are just contemplating the idea of divorce, it can be very beneficial to discuss your case with a divorce attorney. An attorney can help you understand your options.

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