Like most states in the U.S. Florida is a no fault divorce state. No fault divorce means neither spouse is required to prove “fault” or marital misconduct on the part of the other party. One party must merely show that the marriage is “irretrievably broken” or that the other party has been mentally incapacitated for the past 3 years.
This does not mean that divorce in Florida is always a quick and easy process that can be done without the professional assistance of an Amelia Island Divorce Attorney. For example, if one party disagrees that the marriage is “irretrievably broken” a judge may require the parties to attend marital counseling for up to 3 months to encourage reconciliation. This is done by one of the parties filing a Motion to Stay the Proceedings. A hearing will be held and the Judge will decide whether to stay/delay the divorce proceedings for 3 months in the hopes of the parties reconciling or to proceed with the divorce with not time gap. Judges also have the authority to delay the divorce and require counseling for up to 3 months if there are minor children to the marriage.
However, it is possible in the state of Florida to secure a relatively quick divorce. In fact, many spouses can reach an amicable settlement without having to ever have a contested court hearing, this is usually only if there are no children of the marriage and few assets that need dividing. But many divorcing parties face problems navigating the legal hurdles including time constraints and complications filling out paperwork. This is so, even where there is no “dispute” between the spouses about the need for divorce. Keep in mind, too, that there is still a requirement for a judicial proceeding (a final hearing in front of a Judge) even in uncontested cases – so it is important for each party to be represented by their own Amelia Island Divorce Attorney.
It is important to note that even in a no fault divorce state divorce can be a long and taxing process if the parties are not on the same page. Many factors contribute to a divorce proceeding that often requires professional assistance. If you find yourself considering divorce contact an Amelia Island Divorce Attorney today.
Serving the areas of Duval, Nassau, Clay, & St. Johns counties.