No Fault Divorce in Orlando, Florida

In 1971, F.S. 61.041 (Fault based divorce) was repealed when the legislature enacted the Dissolution of Marriage law, which provided that fault was not an element requiring proof to entitle a spouse to a dissolution of marriage. Since there was no “fault,” the legal defenses of condonation, collusion, recrimination, and laches were abolished.

The no-fault concept has been presumed to be in the best interest of the parties. Its objectives are to enable persons to obtain a divorce without becoming adversaries or colluding with each other to mislead the court, to encourage reconciliation by the elimination of “mudslinging” and mutual accusations, and to keep the parties “dirty linen” in the closet and out of the courtroom.

All fifty states have made the transition to the no-fault concept of divorce, although their nomenclature may differ. The most commonly used terminology is that the marriage is “irretrievably broken.” No fault grounds may take the form of “incompatibility,” “living separate and apart”, and mutual consent. Florida’s no-fault concept has been held to be constitutional. Florida courts generally have considered the “no fault” concept to be an improvement over the fault concept to divorce proceedings with all of its attendant atrocities.

The basis for almost all divorces in Florida is irretrievable breakdown of the marriage. The statutory test for determining if a marriage is irretrievably broken is simply whether for whatever reason or cause (no matter whose fault) the marriage relationship is for all intents and purposes ended, no longer viable, a hollow sham beyond hope of reconciliation or repair.

It is not necessary for both parties to agree that the marriage is irretrievably broken. It evidently requires two willing spouses to remain married and only one unwilling spouse to end that relationship.

The only other ground for divorce or dissolution of marriage is the mental incapacity of one of the parties. To use this ground, the party alleged to be incapacitated must be so adjudged pursuant to Florida law a minimum of three years before filing.

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Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. If you are in need of a lawyer, plese contact Michael Fender’s office at 407-629-1886 or visit Attorney Michael Fender’s main website.