How Does Florida’s No-Fault Divorce Law Actually Work?
Most divorces throughout the nation are no-fault. Florida, however, is one of the few states that limits fault-based cases to those in which a spouse is deemed legally incapacitated for at least three years, which are extremely rare. Instead, virtually every divorce in the state is based on the marriage being irretrievably broken, which is a lot like the better-known irreconcilable differences. It’s important to note, however, that a spouse’s misconduct can directly affect the terms of divorce, which means that wrongdoing can play a role. If you’re facing a divorce, our experienced Brandon, FL, divorce attorneys can help.
Your Brandon Divorce Case
Divorce cases in Brandon are under the jurisdiction of the Thirteenth Judicial Circuit Court in Hillsborough County. These cases can be filed online through the Florida Courts E-Filing Portal or in person at one of the many Hillsborough County Clerk of the Circuit Court locations. While most Florida divorces are settled out of court, those that are litigated are heard at the George Edgecomb Courthouse in downtown Tampa.
Defining Irretrievably Broken
In your Florida divorce, you’ll need to declare that your marriage is irretrievably broken, which means you won’t need to prove your spouse’s fault in the matter. By saying that your marriage is irretrievably broken, you’re reporting that the relationship can be put back together.
This makes the scope of no-fault divorce quite broad. The court is very unlikely to dig any deeper than a spouse’s proclamation that they are no longer in love and no longer want to be married. Further, only one spouse needs to be on board. If either of you wants a divorce, the State of Florida won’t put up any roadblocks.
Florida’s No-Fault Approach
Florida strictly adheres to the no-fault approach to divorce. The idea is to streamline the process, which can save money and time while also reducing emotional friction. This can translate to benefits for the entire family, including the involved children.
While your Florida divorce will be no-fault, this doesn’t mean that it will be uncontested. An uncontested divorce is one in which the spouses can hammer out terms with the help of their respective divorce lawyers. Though far less common, contested divorces are litigated in court, which means they are generally more contentious, costly, and emotionally draining.
Your Spouse’s Misconduct Can Directly Affect the Terms of Your Divorce
Although Florida divorces are no-fault, this doesn’t mean that your spouse’s wrongdoing will have no impact. If, for example, they engaged in financial wrongdoing in the buildup to divorce, it can directly affect both of the following:
- The equitable distribution of marital property
- Alimony
Further, if your spouse engaged in any behaviors or practices that are deemed to negatively affect your shared children, it could directly affect your parenting plan.
Turn to Our Experienced Brandon, Florida, Divorce Lawyers for the Help You Need
Our trusted Brandon divorce attorneys at Carman & Finegan have an impressive track record for guiding even very challenging divorce cases smoothly forward toward favorable terms that honor our clients’ rights and best interests. Learn more by contacting us online or giving our firm a call at 813-437-3830 today.