By: Pascal Michel
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Does Fault Matter in a Divorce?
Does Fault Matter in a Divorce?
When people seek out a Miami divorce attorney, one recurring question they have is, “Does fault matter? And if so, to what degree?” During a dissolution of marriage, one spouse has usually done something harmful, such as having an extramarital affair or being addicted to a harmful and/ or illicit drug substance. Strains like these contribute to the breakdown of any marriage. Although the State of Florida laws regarding fault during a divorce are complex, we’ll break down some of the basics ..
Florida is a “No-Fault State”
In Florida, fault does not need to be established to prove that dissolution of marriage is warranted. It only takes one party to say that he or she feels the marriage is “irretrievably broken,” and is enough for the courts to proceed. In fact, the actual reasons need to be discussed neither between the parties nor expressed to the judges in court. This is a boon for privacy and makes it easier for people to leave marriages they feel unhappy with by parting on more amicable terms.
Sometimes, Fault Matters
While you do not need to establish fault in order to have grounds for dissolution of marriage, the courts may consider special circumstances. For example, certain behaviors, such as substance abuse adultery, could be indicative of poor “moral character,” which can be an absolute determining factor for child custody cases.
Judges may also reconsider the behavior of one spouse when determining spousal support, also known as alimony. This spousal support is designed to help a disadvantaged spouse recover from the dissolution. Many people believe Florida is a 50/50 state, meaning assets and debts are split equally, a, however, the state is more concerned with an “equitable” distribution of assets and debts. In these cases, the fault can sometimes matter. Issues such as adultery and
Should Fault Matter to You?
If your marriage is ending, it’s all too easy to point the finger at the other party. People are often hurt, angry, and experience a wide range of emotions, which can lead them to seek retribution. Florida’s laws are not designed to provide you from this, and seeking retribution on your ex-spouse will not help you rebuild your life. In fact, it can prolong proceedings and keep you entrenched in a negative situation, effectively halting you from moving on.. While this isn’t good for you or your former partner, it certainly isn’t good for children who may be involved.
Retain a Fair and Balanced Miami Divorce Attorney
There are times when bringing up fault will only cause more anguish and there are times when establishing fault is essential in order for someone to have the resources he or she needs in order to rebuild their lives. Miami divorce attorney Pascal Michel will listen to the details of your case, explain the benefits and drawbacks of expressing fault in your case, and will devise a customized and personalized strategy to help you in your divorce and regain your life back. Call (305) 834-8432 or contact us online to book a free consultation.
The Law office of Pascal Michel has represented a wide variety of clients in divorces