Understanding the Requirements for Divorce Part 2 of 6 | Divorce Attorney Fort Myers/Naples
GROUNDS: Under Florida Law, a divorce or dissolution of a marriage will not be determined on the basis of the fault of one or both of the parties. There are only two grounds for dissolution of a marriage. These are: (1) the marriage is irretrievably broken or (2) the mental incompetence of one of the parties.
- IRRETRIEVABLY BROKEN: The usual reason used to obtain a dissolution is that the marriage has proved to be irretrievably broken. Irretrievably broken means that the parties have differences or disputes that they cannot settle and that these differences or disputes are so serious that they have caused the total and complete breakdown of the marriage. In other words, the parties’ difficulties are so deep and substantial that no reasonable effort could solve them so that the parties can live together in a normal healthy marital relationship. There no longer has to be a “good guy” and a “bad guy”. Even an offending spouse can bring the action successfully. All that has to be proven is that the marriage is dead (irretrievably broken). Since no question of fault is involved, the Court generally accepts a statement of one of the parties that the marriage is irretrievably broken without either party having to prove what these particular differences might be.
- INCOMPETENCE OF ONE OF THE PARTIES: The ground for the dissolution based on the incompetence of one of the parties is rarely used. It cannot be used unless the party alleged to be incompetent has been declared to be incompetent by a judge, according to a particular Florida Statute, for a period of at least 3 years. In addition, there are other very technical matters that would have to be proved in order for the court to grant a dissolution of the parities marriage on the grounds of incompetence of one of the parties.
For more information on filing a Dissolution of Marriage please contact us to schedule your free consultation.
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At the Guardian Law Firm, we believe in the sanctity of marriage. It is our goal to provide you with as many resources to help salvage your marriage. If all else fails, we are here to help you facilitate the divorce process to establish long-term stability that minimizes the need for subsequent court action as well as the emotional drain on the parties and families.
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