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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couples needed to provide a reason for why they should be allowed to divorce, but that antiquated view of marriage was repealed in Florida in 1971.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.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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