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500 Village square crossing, #103 Palm Beach Gardens, FL 33410
Grant J. Gisondo, P.A. – Family Law Attorney

Florida – The No-Fault Divorce State

Grant J. Gisondo, P.A. > Divorce Law News  > Florida – The No-Fault Divorce State

Florida – The No-Fault Divorce State

Florida - The No-Fault Divorce State

No-fault divorce is now a reality in all states except Illinois and South Dakota. For many years there needed to be a reason, such as adultery or extreme cruelty, for a couple to divorce. Not anymore. If you want a divorce and follow the proper state guidelines to obtain a divorce, you can, without the other person’s consent, obtain one.  For a detailed description of what a no-fault divorce means, the following quote is from the online Legal Dictionary | Law.com:

“(dissolution) in which neither spouse is required to prove “fault” or marital misconduct on the part of the other. To obtain a divorce, a spouse must merely assert incompatibility or irreconcilable differences, meaning the marriage has irretrievably broken down. This means there is no defense to a divorce petition (so a spouse cannot threaten to “fight’ a divorce), there is no derogatory testimony. Marital misconduct cannot be used to achieve a division of property favorable to the innocent spouse.”

Obviously, getting a divorce now means only one party needs to want the divorce. And, while no-fault will not influence the dividing of assets and liabilities in either community property (equal) or equitable distribution (fair) states, sometimes the award of alimony can be influenced by proving certain forms of guilt, even in no-fault states. If it can be substantially proven that a party mismanaged marital funds or obtained excessive debt to put a burden on the other spouse, a judge may increase alimony payments to the aggrieved spouse. Additionally, if a party has used marital funds in extravagant ways, such as the purchase of expensive jewelry and gifts, elaborate trips, and or the purchase of a vehicle or home for a paramour, a judge may increase alimony payments. In any case, extensive proof, such as pictures, witness testimony, receipts, texts, and emails, will be needed for a judge to consider placing a penalty on an offending party.

While observing no-fault makes getting a divorce so much easier than in past years, it unfortunately also allows persons with little concern for the welfare of others to take advantage of a spouse, often a spouse with little or no knowledge of what is going on. It also makes it less desirable to try to make a marriage work, sometimes for the meagerest of reasons. All too often, one spouse is left emotionally bereft with not even the consultation of gaining the larger share of personal and real property. As in most divorce cases, it is wise to obtain a Family Law attorney to represent you. If you live in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough Counties in Florida or New York or Washington DC Board Certified Attorney Grant Gisondo has over a decade of Family Law practice. He offers a free, initial, in-office consultation where he will answer general questions and share information about himself and his practice. You can call (561) 530-4568 to make an appointment. His office hours are Monday through Friday from 9:00 AM to 5:00 PM and for new clients on Saturday from 8:30 AM to 1:00 PM. Please check his website, http://gisondolaw.com, to learn more about Attorney Gisondo and his Family Law practice.

Grant J. Gisondo, P.A.