What is fault-based divorce?

Fault-based divorce is a type of divorce that relies on one spouse being legally considered at fault for the breakdown of the marriage. In Florida, fault-based divorce is the most common type of divorce. Fault-based divorces are available through certain legal procedures, such as filing a complaint that shows that the marriage is broken down beyond repair. The spouse filing the complaint must also provide evidence of fault, such as adultery, abuse, abandonment, or irreconcilable differences. In Florida, fault-based divorce requires a two-year separation before finalizing. This may be extended to five years if one spouse does not agree to the divorce. If the court finds that the spouse seeking the divorce is not at fault, the court can award the spouse seeking the divorce other legal remedies such as spousal support, child support, and asset division. If the court finds that both spouses are at fault, they will issue a court order that outlines the terms of the division of property, division of debt, child support, alimony, and any other matters related to the divorce. Fault-based divorce is a complicated process and should not be taken lightly. Seeking the advice of an experienced family law attorney is highly recommended.

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