No-Fault Divorce 2018-02-09T16:46:03+00:00
No Fault Divorce Attorney in Pensacola Florida

What is “NO FAULT” Divorce in Pensacola, Florida?

In Pensacola Florida and through out the State, a no-fault divorce refers to the fact that the spouse who is filing for divorce does not have to prove any fault or abusive behavior on the part of the other spouse. All that is required is that one of the parties states that the marriage is “irretrievably broken”.

Like most states, Florida has long abandoned the concept of fault as a basis for the granting or denying a petition for divorce. Despite the change having taken place more than 30 years ago, it is certainly the most misunderstood concept by people who visit my office. Many people begin our free consultation with, “I know that you can’t do anything about this because Florida is a no-fault state but, my husband / my wife is having an affair” or “my wife / my husband has been spending a lot of money gambling.” These beliefs could not be further from the truth.

Florida statutes recognize bad behavior on the part of one or both of the parties and the Court may act accordingly in declaring the remedy, but it is not required in order to be granted a divorce.

Florida Statute on 'No Fault'

In fact, Florida Statute § 61.08(1) states specifically that the Court may consider the adultery of a party in determining the amount of alimony, if any, to be awarded. Courts may also consider the wasting of marital assets by either party in making a distribution of marital assets. Before the creation of the “no-fault” concept, parties had to prove such things as “gross neglect of duty” or “extreme mental cruelty.” Failure to prove the statutory requirement meant that the parties could not be divorced. So, no-fault divorce was created, in part, to lessen the further destruction of the marital relationship and to prevent the need for false statements made by individuals who are desperate to end an unsatisfactory marriage.

The idea that one of the parties has the power to “give” or “not give” the other spouse a divorce is not true.  If a person desires the marriage to be dissolved, the petitioning party needs only to assert that “the marriage is irretrievably broken”.  A determination of whether or not a marriage is irretrievably broken is in the mind of the petitioning party.

A statement by the petitioner that the marriage is broken, that reconciliation is impossible and that the marriage has ceased to exist as a matter of fact in their mind is sufficient to grant the divorce. In most cases, a simple statement by a party that they do not love their spouse any longer and that they do not wish to stay married is sufficient for the Court to grant a divorce.

Call Timothy J. Nusser, P.A. at 850-437-5555

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