Divorce

Why do people get a divorce? The answer to this question depends on the family. Sometimes there is one reason, other times it can be for a multitude of reasons. Sometimes a marriage simply doesn't work out.

Here are some of the reasons we found in answering that question (in no particular order):

  1. Money Money Money!!

  2. Kids and how they should be raised

  3. Cheating spouse

  4. Lack of communication

  5. Abuse (physical or mental)

  6. Lack of attraction

What is a "no fault" divorce?

"No fault" divorce describes any divorce where one spouse is asking for a divorce and the requesting spouse does not have to prove that the other spouse did something wrong.

On what grounds can you get a divorce?

To get a no fault divorce, one spouse must simply state a reason for the divorce. In the state of Florida as long as one party claims the marriage is irretrievably broken OR one party has been judged mentally incapacitated for a least 3 years prior to a dissolution, a divorce can be granted.

According to Florida Statutes 61.052:

Dissolution of marriage —

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

(a) The marriage is irretrievably broken.

(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least three years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

 

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