What is No-Fault Divorce?
Couples in any U.S. state may file for a no-fault divorce when choosing to end their marriage. What that means is that no blame or fault must be attributed to a spouse in order to dissolve the marriage. Historically, couples needed to provide a reason for why they should be allowed to divorce, but that antiquated view of marriage was repealed in Florida in 1971.
What is the difference between a fault and no-fault divorce?
A fault divorce requires one spouse to place blame on the other for causing the divorce. Examples of fault may include adultery, abandonment for a certain length of time, prison confinement, or abuse, among other reasons.
No-fault divorces need no other reason than that there are irreconcilable differences within the marriage. No further explanation is required, and both parties do not have to agree that the marriage is irretrievably broken. However, the courts can take evidence of wrongdoing into consideration when deciding on other details in the divorce case, such as division of assets and liabilities, child custody, and alimony.
What is the difference between a no-fault divorce and an uncontested divorce?
Just because no fault is placed on a spouse when ending the marriage doesn’t mean the divorce will be uncontested. Rather, whether a divorce is contested or not has to do with whether your spouse agrees with what is outlined in the divorce petition. When there is agreement, the divorce is considered uncontested; however, when your spouse does not agree with what you are asking for, it is considered contested.
If you’ve reached the point in your marriage when you and your spouse no longer see eye-to-eye, we can help. To schedule a free consultation or simply ask a question, contact us today at the Vasquez de Lara Law Group.
About the Author
Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.
A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.
Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.
Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.
Connect with Vanessa:
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