“I want a divorce.” Those words have been uttered by many who have come to see us here at The Day Law Firm. Most arrive thinking that everything after making that decision is a mere matter of formalities to be dealt with until they achieve what they are after. If you share the same assumptions, you might be somewhat discouraged to learn that it is not always that simple. While the law does not want to force you into staying in a marriage in which you are not happy, it does also recognizes that there may be situations where it is viewed as being best for all involved to encourage reconciliation.
Florida is a “no fault” state when it comes to divorce, meaning that you do not necessarily have to have a reason for wanting a divorce other than you not being happy with the marriage. At the same time, Florida state law only recognizes two valid reasons for the dissolution of a marriage: Mental incapacity or a marriage being “irretrievably” broken. Your claiming the relationship is irretrievably broken can satisfy the state’s “no fault” requirement.
If you have no children, and your spouse agrees with your assessment as to the state of your marriage, the court may choose to grant your petition for a divorce. Yet if you have kids, or your spouse believes the relationship may be saved, the court may take either of the following actions:
- Order marriage counseling
- Grant an extension of proceedings (up to three months) to see if you can reconcile
- Take any action it believes to be in the best interest of all of the parties involved (which can include dissolving your union)
You can find more information on what to expect during your divorce proceedings by continuing to explore our site.