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DIVORCE GROUNDS IN FLORIDA
In Florida, the legal termination of marriage, commonly referred to as divorce, can be granted based on various grounds as outlined in the state statutes. Here, we detail the grounds recognized under Florida law:
1. No-Fault Grounds: • Irretrievable Breakdown: Florida operates as a no-fault divorce state, requiring neither spouse to prove fault for divorce. The primary reason for dissolution is often cited as an "irretrievable breakdown" of the marriage, where both parties agree that the marriage is irreparable.
2. Fault-Based Grounds (less common yet applicable): • Mental Incapacity: If one spouse is deemed mentally incapacitated for a minimum of three years prior to filing for divorce, and the incapacity is deemed uncurable, it can serve as grounds for dissolution.
• Adultery: Although less common due to Florida's no-fault system, adultery can still be cited as a reason for divorce if relevant to the case.
• Desertion: Willful desertion by one spouse for at least a year without justification can be grounds for dissolution.
• Cruelty or Abuse: Instances of physical or emotional abuse towards one spouse by the other can be cited as grounds for divorce in Florida.
• Felony Conviction: A spouse's conviction of a felony and a prison sentence of at least three years can be grounds for dissolution if the other spouse does not forgive or resume cohabitation after the conviction.
It is important to note that while these fault-based grounds exist, they are less commonly used in modern divorce proceedings due to the simplicity and efficiency of no-fault divorce. No-fault divorce typically involves less conflict and is often less emotionally taxing for both parties.
In conclusion, Florida offers both no-fault and fault-based grounds for the dissolution of marriage. However, most divorces in the state are granted based on the irretrievable breakdown of the marriage, eliminating the need to assign blame to either party.
C. Michael Kelly, P.A.
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Our divorce practice offers expert guidance and support through every step of the process, ensuring fair resolutions tailored to your needs.
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Expert guidance to secure fair financial support for your children, navigating the legal landscape with compassion and efficiency.
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Our practice facilitates changes to existing court orders, ensuring your legal arrangements evolve with your circumstances.
Establishing Legal Relationships. Determining parental rights and responsibilities, ensuring clarity and fairness for all parties involved.
Navigating Geographic Changes. Navigating legal aspects of moving with clarity and efficiency, ensuring smooth transitions.
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Crafting Peaceful Resolutions. Specializing in creating fair and effective agreements, resolving disputes amicably.
Coordinating Co-Parenting. Focusing on crafting agreements that prioritize children's needs, fostering cooperative parenting.
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Introducing
C. Michael Kelly, P. A.
Welcome to C. Michael Kelly, P. A., where I am committed to guiding you through the complexities of family law with integrity and empathy. I understand that family matters can be emotionally challenging and legally intricate. That's why my team and I strive to provide comprehensive legal services tailored to your unique needs.
MY Approach:
As your family law attorney, I prioritize your well-being and the best interests of your family. Whether you're facing a divorce, child custody dispute, adoption, or paternity matter, I am here to provide the support and advocacy you need. I believe in personalized representation, taking the time to understand your concerns and develop a strategic plan to achieve the best possible outcome for your case.
Why Choose Us?
- Experience: With years of experience in family law, I have the knowledge and skills to navigate even the most complex cases.
- Compassion: I understand the sensitive nature of family legal matters and approach each case with compassion and understanding.
- Dedication: My commitment to my clients is unwavering. I will work tirelessly to protect your rights and achieve your objectives.
- Communication: I believe in open and honest communication. You can trust me to keep you informed and involved every step of the way.
- Results: While I cannot guarantee outcomes, I can promise to advocate vigorously on your behalf and pursue the best possible resolution for your case.
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FLORIDA FAMILY LAW
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339 6th Ave. West, Bradenton, Florida, 34205
DIVORCE GROUNDS IN FLORIDA
In Florida, the legal termination of marriage, commonly referred to as divorce, can be granted based on various grounds as outlined in the state statutes. Here, we detail the grounds recognized under Florida law:
1. No-Fault Grounds: • Irretrievable Breakdown: Florida operates as a no-fault divorce state, requiring neither spouse to prove fault for divorce. The primary reason for dissolution is often cited as an "irretrievable breakdown" of the marriage, where both parties agree that the marriage is irreparable.
2. Fault-Based Grounds (less common yet applicable): • Mental Incapacity: If one spouse is deemed mentally incapacitated for a minimum of three years prior to filing for divorce, and the incapacity is deemed uncurable, it can serve as grounds for dissolution.
• Adultery: Although less common due to Florida's no-fault system, adultery can still be cited as a reason for divorce if relevant to the case.
• Desertion: Willful desertion by one spouse for at least a year without justification can be grounds for dissolution.
• Cruelty or Abuse: Instances of physical or emotional abuse towards one spouse by the other can be cited as grounds for divorce in Florida.
• Felony Conviction: A spouse's conviction of a felony and a prison sentence of at least three years can be grounds for dissolution if the other spouse does not forgive or resume cohabitation after the conviction.
It is important to note that while these fault-based grounds exist, they are less commonly used in modern divorce proceedings due to the simplicity and efficiency of no-fault divorce. No-fault divorce typically involves less conflict and is often less emotionally taxing for both parties.
In conclusion, Florida offers both no-fault and fault-based grounds for the dissolution of marriage. However, most divorces in the state are granted based on the irretrievable breakdown of the marriage, eliminating the need to assign blame to either party.
C. Michael Kelly, P.A.
