What Does a No Fault State Mean for Florida?

Posted by Gordon Shayne | Sep 27, 2015 | 0 Comments

There are a number of states where you do not need a reason in order to file for divorce. A no fault state is a state that does not require a reason for a divorce or legal separation.

What does a no fault divorce state mean? Essentially, there are a number of states in the United States that say you don't need a reason in order to get a divorce or ask for a legal separation. It says that Florida judges are not allowed to consider fault in granting a divorce.

Most of the time, in most cases, that just means that somebody, either party, it only takes one of the two parties that are married, to say that a marriage is irretrievably broken. That means no fault, I'm not going to assign responsibility for why I need to get a divorce or a legal separation. But, in my situation, I feel it's a personal reason, I don't want to or need to give an explanation to a judge.

In fact, most of the time a judge will hold that evidence of fault is not relevant to a case and a judge is going to enter a divorce decree regardless of who's at fault or who's misconduct resulted in the breakup of a marriage.

Are you filing for divorce? Do you need help understanding the law and preparing for filing? Contact a Florida divorce attorney today

About the Author

Gordon Shayne

Gordon N. Shayne Family Law / Divorce Lawyer Phone: (904) 544-6855 Gordon N. Shayne's field of practice is devoted to Family Law/Divorce case throughout the State of Florida


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