Florida is considered a “no fault” state when filing for divorce. Therefore, one party must only allege that the marriage is irretrievably broken to get a divorce. This means most times the court does not concern itself with why your marriage is broken, it just gets to work on the issues at hand — distributing the assets and liabilities, children’s issues, and spousal support.
Commonly Asked Questions About Divorce
Questions about Divorce? Jacksonville Divorce Attorney Sharon L. Gasparo can help. Following are a few general questions and answers about divorce issues in Florida, please contact our office to discuss your specific situation and how we can help.
Question: Can I still get divorced if my spouse wants to “fight” the divorce?
Answer: Florida is a “no fault” state as to reasons why the bonds of marriage are irretrievably broken. If one person simply does not want to be married to the other person any more, and counseling will not change the person’s mind, then the marriage is irretrievably broken and the divorce will proceed to final judgment. So, simple answer is no. One person cannot force the other person to stay in a marriage he/she doesn’t want to be “in”.
Question: How long do I have to be married in Florida before I can get alimony?
Answer: There are legal presumptions in Florida as to alimony. People in marriages of less than 10 years are unlikely to receive alimony. Those in marriages of more than 15 years are likely to receive alimony. Those in marriages between 10 and 15 years are in a grey area regarding alimony.