Tampa No-Fault Divorce Attorney

Divorce is rarely easy. Lawmakers in Florida were some of the first to implement no-fault divorce in 1971, in an effort to make the process easier for those going through it. While the no-fault laws in Florida can make divorce easier, it is highly misunderstood. A no-fault divorce does not mean that both spouses agree to all of the terms, nor does it mean that fault is never considered as a case proceeds. Below, our Tampa no-fault divorce attorney explains further.

Understanding Florida’s No-Fault Divorce Laws

The vast majority of divorces in Florida are filed based on no-fault grounds. In a no-fault divorce, one spouse must only state that the marital relationship is irretrievably broken and that there is no hope for reconciliation. The spouse filing for divorce does not have to accuse their spouse of being responsible for the breakdown of the marriage. They also do not have to present evidence to prove the divorce is their spouse’s fault. A spouse must only cite grounds of irreconcilable differences.

In a no-fault divorce, the spouses also do not have to agree to ending their marriage. Only one spouse must file and once they do, the divorce case can proceed.

No-Fault vs. Uncontested Divorces

Many people confuse no-fault divorces with uncontested cases and believe that they are one and the same. This is not true. There are very important differences between the two. No-fault divorce only refers to the grounds cited when a person files for divorce. It does not mean the spouses have reached an agreement on the terms, or that there will not be disputes during the case.

When two spouses can agree to all the terms of divorce including child custody and support, property division, and alimony, they can obtain an uncontested divorce. Uncontested divorces are typically less time-consuming and more affordable than contested cases. If a couple cannot agree to all of the terms, the case becomes contested and additional steps, such as mediation or litigation, are required to resolve these terms.

No-fault divorces can either be contested or uncontested, depending on whether the couple can agree.

Fault in No-Fault Divorces

Although a person can file for divorce using the grounds of no-fault, this does not mean they cannot accuse their spouse of certain marital wrongdoing during the case. People do not have to accuse their spouse of fault when filing for divorce, but bringing up accusations of unfaithfulness, a substance abuse problem, or other issues can help some spouses during divorce. For example, if one spouse was unfaithful and spent marital funds on the affair, the other spouse may receive more in alimony or property division proceedings.

Our No-Fault Divorce Attorney in Tampa Can Help You Through the Process

No-fault divorce laws were implemented in Florida to make the entire process easier. While that may be the case, there are still many misconceptions about this type of divorce in the state. At Florida Law Advisers, P.A., our Tampa no-fault divorce attorney can advise you of the law and the truth behind the myths so you can make informed decisions. Call us now at 1 (800) 990-7763 or fill out our online form to schedule a consultation with our experienced attorney.