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Is Florida No-Fault Divorce State?

The quick answer to the question in the title is YES. The state of Florida is one of the 17 “no-fault” divorce states in the U.S. The other states are Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Iowa, Indiana, Hawaii, Colorado and California.

So, what exactly does”no-fault” divorce mean?

Essentially, a no-fault divorce means that there doesn’t have to be proof that one spouse committed an act that made the marriage irreconcilable. For instance, if a spouse cheats on the other and causes the divorce to occur, the other spouse is not responsible for proving infidelity.

Basically if one spouse files a for a divorce from the other, there doesn’t have to be a burden of proof. The filer of the divorce can file simply because they want to be divorced. Previously, before no-fault divorces, the filer of the divorce had to cite a reason like adultery, abandonment, felony, or other similarly culpable acts.

This also means that the state is not likely to factor in which spouse may have caused the split when dividing property. Adultery, however, can have an impact on the way property is divided. Other factors the court would consider is the length of the relationship and what assets each person brought into the marriage. Prenuptial agreements and child custody also play huge roles in determining financial matters.

Separation

Although many couples will separate before they get divorced, there is no law that states a couple must be separated before they are able to file for divorce.

Other Factors

In general, Florida law requires that the couple to have lived in Florida for at least six months before they file for divorce in the state.