People often decide to divorce because their marriages make them unhappy. Perhaps they discovered that their spouse cheated. Maybe there have been incidents of domestic violence. Couples also sometimes grow apart over years of marriage and develop incompatible personal values.
A person contemplating divorce typically wants to act decisively rather than trigger protracted conflict with their spouse. They may want to ensure that they meet the necessary legal standard to file for divorce. Those contemplating divorce in Florida may worry that they do not have adequate evidence to convince the courts to grant them a divorce.
What must a spouse filing for divorce prove to convince the courts that divorce is appropriate?
Florida only grants no-fault divorces
Proof of misconduct is not necessary to divorce in Florida. Currently, the state only recognizes no-fault divorce filings. The filing spouse claims that there has been an irretrievable breakdown of the marriage.
Generally speaking, there is no objective way to prove that such claims are authentic. Provided that the filing spouse can assert their situation qualifies under oath, that is typically all that is necessary for the divorce to move forward.
People do not need to pay for private investigators to track their spouses or remain in a situation where they experience domestic violence just to gather evidence. Of course, certain types of evidence can play an important role in the final outcome of the divorce process.
Discussing the reason for seeking a divorce may help the filing spouse pursue the best outcome regarding financial and parenting matters. No-fault divorces eliminate the need for proof of misconduct, but spouses may still need help building an effective case before going to court.