When Fault Counts in Divorce

Who’s at fault in a divorce? According to Florida law, no one. Florida is one of many states that has abolished fault as a ground for divorce. The only requirement to dissolve a marriage is to prove that the marriage is “irretrievably broken.” Either spouse may file for dissolution of marriage in Florida, providing that either the husband or wife has been a Florida resident for at least six months.

Fault, however, may be considered relevant when the court considers parental responsibility, award of alimony, fair distribution of marital property and debts.

An attorney can advise you about where to file a divorce petition and help ensure that you follow statutory requirements and court rules so you don’t lose your rights. A lawyer also can answer your questions about your rights and responsibilities, your children’s rights, and property rights resulting from a marriage.

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