Is Florida a No-Fault Divorce State?

Is Florida a No-Fault Divorce State?

The state of Florida does not have “fault-based” divorce. Florida only accepts no-fault divorces, therefore, there is no need to prove fault by a party. Florida only requires that you state that the marriage is irretrievably broken, or that a spouse has been mentally incapacitated for three or more years.

Either party may seek a divorce without proving a reason, only that the spouses don’t want to be married. A spouse need only say that the marriage is “irretrievably broken” or that one is mentally incapacitated (and has been for at least 3 years before filing for divorce.) (Fla. Stat. Ann. § 61.052.) No-fault divorce law relieves the court of the difficulty of deciding fault, and it spares the spouses from having to talk about painful personal issues in court. It eliminates blame from the proceedings.

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.

If you’re considering divorce, Brodie Friedman is the top-rated family law firm in Florida. Any family and any situation, our experience and expertise will get you through these trying times. We’re here for you.

 

 

 

With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. 

To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100

Awards won by legal team

Josh and his team proved their track record. I hired him at 9am and they appeared for me by 1pm the same day. Highly contested paternity case, turned dependency nightmare. He faught hard in a short time and got the results I needed. My baby back. Josh and his associates are kind, patient, diligent and aggressive. They are human. I trusted them through the whole process. I was kept informed and they faught with passion. I’d rehire josh and his team any day. It was well worth the money spent. – Rochelle

Rochelle

AVVO Client

 

Jason and his team were great. They expedited my divorce of 27 years. Jason keep me on point and protected my rights. Jason truly has a gift, he provided me all the facts and navigated the process with ease. If you want a team of attorneys that have your best interest at heart, call Jason Brodie. – David

David

AVVO Client

 

I could not be more satisfied with the way Josh represented me during my divorce. He is professional, passionate, and truly cares for his clients. His attention to detail is impeccable. He thought of all possible scenarios and addressed them all. He is relentless in making sure you are not being taken advantage of. I’m so great full for his services and I highly recommend him. – Diego

Diego

AVVO Client

 

Jason Brodie is what you want in an attorney: Ethical, classy, smart, and most of all he understands the law. He told me the truth, not what I wanted to hear, and gave me my options. He works with you to achieve your outcome. He did a masterful job for me! His firm is just as attentive, smart, and responsive, and gives you the support while you are getting battered by the despicable assaults from your ex and their counsel. It was a tough case, but he got it done ethically. It’s now over and I’m at peace. – Vincent B.

Vincent B.

LAWYERS.COM

 

The best thing about Joshua Friedman was his compassion, knowledge and commitment. He was straight forward and told me what to expect each step of the way. He not only advised me on my initial separation, but continued to guide me until my divorce was finalized. He kept me informed with each new filing and discussed all of my options and risks. He was honest and answered each of my questions with thorough and thoughtful responses. His knowledge of the law was invaluable and I can’t thank him enough for his professionalism and dedication to my case. I would highly recommend him to anyone looking for a lawyer who will devote his all to his clients. – Jennifer

Jennifer

AVVO Client

 

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