Thankfully, divorce laws have become more lenient over the last fifty years. Compared to half a century ago, every state in the United States has a no-fault option for divorce, with some states dissipating grounds for divorce entirely. However, many can still get confused over what grounds for divorce means for Florida residents.
If you need legal help during the divorce process, contact a Miami family law lawyer.
In the past, to have a divorce petition, one must have proved the spouses' misconduct and that it proved justification for dissolving the marriage. This included abandonment, adultery, cruelty, drunkenness (habitually), felonies, and insanity. However, these grounds were deemed restrictive and potentially an invasion of privacy.
Some states permit petitioners the choice of stating traditional grounds of divorce or to file no-fault. The state of Florida is only a no-fault flying state. This means that petitioners can plead that the marriage is broken beyond repair or permanent mental incapacity with the other spouse. Petitioners no longer have to prove that the relationship is broken. However, with an insanity please, an exciting condition has to be adjudicated in the court and ruled upon by a judge.
No-fault does not mean that the case cannot go to trial. There are plenty of marital issues that have to be resolved before the court can allow the end of the marriage. Spouses can avoid trial by mediation and collaboration, but if agreements cannot be met, family law attorneys in Miami may need to get involved to protect your best interests.