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What basic facts must be proven to be granted a divorce?

On Behalf of | Jul 3, 2019 | Divorce

When couples in Florida are planning a divorce, it is not uncommon for them to get caught up in the various issues that will be decided upon. That includes property division, child custody, alimony, child support and more. These factors can be contentious and complex. At the case’s outset, it is still important to remember the basics. For a couple to be granted a divorce, the law says there are certain facts that must be proven, including that the marriage is irretrievably broken or one of the parties is suffering from mental incapacity, for example.

Since Florida is a “no fault” divorce state, the parties are not required to meet certain thresholds for the court to grant them a divorce. For example, showing that one of the spouses committed adultery is not necessary, but this can be part of the case in other ways. However, for the basic foundational aspects of a divorce, if the marriage is irretrievably broken or there is mental incapacity, that is sufficient. An irretrievably broken marriage is one in which one or both parties say there is no hope in salvaging it. Nothing else needs to be proven for the divorce.

With mental incapacity, it is slightly more complicated. The divorce cannot be completed unless the party that is said to be incapacitated has been judged as such for a minimum of the previous three years. A blood relative or guardian of the incapacitated person will need the notice of the proceeding served on them. That person can appear and be part of the proceeding. That individual can protect the interests of the incapacitated person. If there is no family member or guardian, the court will appoint one. If the divorce is due to incapacity, the petitioning spouse might be ordered to pay alimony to the incapacitated spouse.

Whether the case is a simple one or it is more difficult, having the right information is imperative for both parties. Contested divorces will inevitably be harder to get through than an uncontested divorce, but there are always personal and financial considerations in every aspect of family law and divorce cases.