Legally Recognized Reasons To Divorce
In Florida, there are two basic grounds for divorce: either one party is mentally incapacitated or the marriage is irretrievably broken. Florida is a no-fault divorce state, which means that the law does not require a specific reason to be given before a divorce is legally granted.
While Florida categorizes grounds for filing divorce into two basic categories, the typical reasons for filing divorce still apply when making a case for a divorce. Common reasons to seek a divorce include infidelity, abandonment, substance abuse, emotional or physical abuse, financial irresponsibility and incompatibility, among others. Read more at the website en.wikipedia.org/wiki/Grounds_for_divorce_(United_States)
If you are considering filing for divorce, an attorney can be an important source of information. In addition to providing insight on grounds for divorce, your legal representative can fill you in on how to get a divorce and guide you through the process.
Showing There Are Grounds For Divorce
In a Florida court, there is not a high standard for demonstrating that a marriage is irretrievably broken. All a person really need do is assert a desire to terminate a marriage and offer testament to the fact that a union cannot be saved. In nearly all cases a divorce will be granted even if only one partner seeks the dissolution of their marriage.
It can still be of benefit for one spouse to reveal to the court the specific circumstances that have led to irreconcilable differences in a marriage. Factors such as infidelity and abuse can influence any divorce decree issued by the court, potentially impacting such post-marriage arrangements concerning alimony and child custody.
Evidence commonly introduced into divorce proceedings includes:
- Bank records and financial documentation showing irresponsible spending
- Photographic evidence of infidelity
- Statements from friends or relatives concerning the state of the marriage
- Police or hospital records of instances of physical or emotional abuse
- Psychiatric documentation of mental incapacitation
It is important to note that when grounds for divorce include mental incapacitation, the filing party must wait three years from the date a spouse is declared mentally incapacitated.
Challenging A Divorce
During divorce proceedings, the assertions of one spouse may be challenged. For example, claims of physical or emotional abuse by one spouse or allegations of infidelity may be contested.
It is often best if divorcing parties are able to come to an agreement on their own. If there are serious points of contention among parties, it is likely that any negotiations will be worked out between the attorneys representing each party. If consensus cannot ultimately be reached on issues such as alimony, parenting responsibilities and child support, determinations are left to the court.