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Fault-Based Divorce vs. No-Fault Divorce

Many people believe that one spouse needs to be at fault in order to file for a dissolution of marriage in Florida. Typically, adultery is a common reason for divorce, however, that only applies in states that still require fault as a basis for filing a dissolution of marriage. However, Florida is a no-fault divorce state and therefore, no one has to be at fault in order to file for a dissolution of marriage.

A common reason for divorce that is not based on fault is due to the fact that the marriage is irretrievably broken.

What if only my spouse or I think the marriage is irretrievably broken but the other spouse does not?

That’s a great question! Under Florida law, only one party needs to find the marriage to be irretrievably broken. Therefore, even if your spouse does not want to file for a dissolution of marriage, you are still entitled to file without their permission.

If you are facing a Florida divorce, you should consult with an experienced family law attorney. Attorney Nicole Vette focuses her work exclusively on family law related matters including divorce, child custody, child support, alimony, pre-nuptial agreements, and domestic violence. Vette Law offers a free thirty (30) minute consultation which can be conducted via Zoom, telephone or in-person. Contact us at nicole@vettelaw.com or 561-531-9132; 1375 Gateway Blvd. Suite 42, Boynton Beach, FL 33426.