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Friday, November 4, 2011

No-Fault Divorce

Florida is one of many states in which fault is no longer considered a ground for divorce.  The dissolution of marriage does not require either party to show cause or prove that a breach of the marital contract has been committed. Those breaches may include: adultery, desertion/abandonment or cruelty.  In Florida, the spouse seeking the divorce needs only to prove that the marriage is “irretrievably broken.”  This is a much easier standard to prove as it only takes one spouse to testify that he/she does not love his/her spouse and is not willing to remain in the marriage. This change in divorce law has lessened the potential effect that blame may have on the divorcing couple.  In addition, the parties are spared what can be a contentious battle in court when fault must be established.
Under Florida law, either party may file for divorce.  However, many couples find they are not fully aware of their legal rights and obligations.  There are very specific statutory and court rules which must be followed.  If they are not, your rights may be lost forever.  It is important to be certain that you are protected.  Seeking counsel from an experienced Orlando divorce attorney will provide you with the information and advice you need.
Even within a no-fault divorce, there may be contested issues.  Spouses often do not agree about the division of assets, liabilities or property.  One or both partners may seek alimony.  Of course, if there are children, timesharing and support will need to be determined.  The Law Office of Wade P. Luther, P.A. has significant experience in the area of family law.  We focus exclusively on these issues.  If you would like to benefit from the experience of an Orlando Divorce Lawyer, please contact our office at (407) 835-9900 or visit our website at:

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