The abolishment of the concept of “fault” in obtaining a Florida divorce
In 1971, the Florida Legislature enacted the Dissolution of Marriage law, and with it, Florida’s no-fault divorce law. Under the concept of “no-fault,” if the marriage is “irretrievably broken,” the court must dissolve the marriage–the misconduct of a spouse does not matter. All fifty states now have some version of no-fault divorce law.
If the marriage is “irretrievably broken,” the court must grant the divorce. Florida Statutes section 61.052(2)(b). It is not necessary that both spouses agree that the marriage is irretrievably broken. However, when there are minor children involved or when one spouse denies the irretrievable breakdown of the marriage, the divorce process may take some additional time to complete. For example, the court may order counseling, continue the divorce proceeding for a maximum of three months to enable the parties to reconcile, or take other actions in the best interest of the parties and children. This is so to provide an opportunity for reconciliation in case the marriage is truly not broken.
What are the effects of fault or misconduct?
Fault can include such factors as adultery, spousal or child abuse, asset dissipation, marital misconduct, and fraud. The court will consider fault in determining alimony payments, child custody, distributing the marital assets and liabilities, and in assessing attorneys’ fees. Therefore, it is important to keep in mind that, although one can obtain a divorce regardless of fault, the court will consider fault in many other areas of the divorce proceedings.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.
By Elizabeth Lee Beck, Esq. Ms. Beck obtained her law degree from Yale Law School, and is co-managing partner of Beck & Lee in Miami. She can be reached at 305-789-0072 or elizabeth@beckandlee.com
Beck & Lee is a litigation law firm located in Miami, Florida.
