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I live in a fault state. What happens if I cannot prove fault?

About two-thirds of U.S. states still allow spouses to allege fault as the basis for a divorce. In a fault divorce, one spouse may argue that the other spouse did something which caused the marriage to fail. Each state has a different set of fault grounds, but some of the most common grounds are:

  • Adultery
  • Abandonment
  • Substance abuse, and
  • Felony conviction

Unlike a no-fault divorce, a spouse can object to a fault divorce by presenting defenses to the faults complained of. However, if the fault cannot be proven, courts may still likely grant divorces to the party asking for it as it does not have any interest in forcing people to stay married who don’t want to be married anymore.

Florida is a no-fault divorce state. If either of you reside in the state of Florida, and have for atleast 6 months, you can apply for a divorce in this state just by proving that the marriage is irretrievably broken.

For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.

The information provided is for your reference only, is not intended to be advice, and should not be construed as such. The information provided or legal statutes may change at any time, and we are not accountable for the accuracy of this information. Use of this website or information provided does not constitute a client-attorney relationship. Please contact us for legal assistance with your specific question or need.