• Can Grounds for Divorce Still Apply in A No-Fault State?

    Prior to no-fault divorce, successfully ending a marriage often meant that parting spouses waged war on each other. The need to prove fault often caused spouses to blame each other for heinous wrongdoings that could damage their reputation or the family dynamics going forward. With no-fault divorce, divorcing couples need not concern themselves with grounds for divorce in Florida.

    In a no-fault divorce, there should be no need for derogatory testimony about your spouse or accusations of marital misconduct. Now that the parting spouses need only state that the marriage is irretrievably broken, they can sit down at the negotiating table or seek the help of mediators to help them arrive at mutually beneficial agreements about issues such as child custody and support. Of course, when either party cannot agree on one or more critical issues, the divorce becomes contested and the case proceeds to a courtroom where it could still result in a lengthy, litigious battle.

    Despite no-fault divorce, there are still instances where Florida grounds for divorce could still apply. For example, if one of the spouses is judged mentally incapacitated for at least three years with no hope of recovery, it could be grounds for divorce. Abusive conduct towards your spouse or children can also negatively affect your chances to win child custody. Misuse of marital funds, such as in illegal activities, also can affect the financial terms.

    If you are contemplating divorce in Palm Beach or Broward Counties, Feldman & Schneiderman, P.L. can tell you if grounds for divorce in Florida could benefit your case and guide you through the legal divorce process.

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