Grounds for Divorce Under Florida Law

Up until 1970, all divorces in the United States had to involve wrong-doing on the part of at least one of the spouses. These divorces are now called at-fault divorces, because they require fault for the marital contract to be broken. Because fault could be contested, they were often lengthy, costly, and acrimonious, with spouses arguing about nearly every aspect of the divorce.

Typically, the most commonly cited grounds for divorce were:

• Cruelty, whether emotional or physical
• Adultery
• Desertion – abandoning your spouse for more than a legally mandated amount of time
• Imprisonment for more than a legally mandated amount of time
• Failure to engage in intercourse, if this failure was not divulged before the marriage

All this changed when California changed its divorce code in 1970, allowing no-fault divorces. No longer did spouses have to prove that wrong-doing had been committed. Since then, the reasons for a divorce have often been no more complicated than “it’s just not working,” and no one has to be a part of your decision except you and your spouse.

While some states continue to allow at-fault divorces – often because it can secure the wronged spouse a more favorable divorce agreement – Florida is not one of these states. Florida and 14 other states no longer have at-fault divorces, usually making for a shorter, less acrimonious divorce.

Contact Us

If you or someone you love is going through a divorce and you have a question about your legal rights, contact the West Palm Beach divorce lawyer, Eric N. Klein, today by calling 561-353-2800.