Do I Have to Prove that My Spouse Was “At Fault” in My Miami Divorce Case?

If you have ever watched an older movie or read a book either written or about events in days gone by, you may notice that in “the olden days” most, if not all, U.S. states required a person seeking a divorce to provide a reason why they were seeking the divorce. Indeed, in the past, most states, including Florida, required a person seeking a divorce to prove to the court that there was some reason (or fault) of the other party (their spouse) that led to the marriage’s demise. During these times, states like Florida only allowed a married individual to divorce their spouse if they could prove that their spouse was at fault. Typical reasons for seeking to end a marriage that might be considered would include things like domestic abuse, financial waste or gambling, drug abuse problems, abandonment of the marriage, infidelity, and other terrible reasons that the marriage simply became extremely untenable. In the year 2025, things are different when it comes to Miami divorces. But what exactly does a married person in Miami seeking a divorce have to prove in order to get a divorce decree under Florida marriage and divorce laws? Does a person have to prove that their spouse was at fault in order to get a divorce? To help Miami individuals who are seeking a divorce better understand the requirements for obtaining one under Florida laws, we answer those questions here.
Florida Becomes a “No-Fault” Divorce State
In 1971, Florida changed its laws from requiring a person seeking a divorce to prove fault to actually obtain the divorce, to becoming a “no-fault” divorce state. As they stand now, Florida laws establish the following regarding getting a divorce in Miami, and in any other jurisdiction in the State: “No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally…The marriage is irretrievably broken.” Indeed, Florida changed its laws to only require that a party seeking a divorce prove that the marriage is “irretrievably broken,” removing the requirement to show that other, more severe factors are at play. Removing the requirement to prove fault in a Miami divorce makes getting a divorce overall easier than it was before the law changed. Simply put, under the current law in Miami, a person who wishes to get a divorce from their spouse need not prove that their spouse was “at fault” in order to obtain a divorce decree, but need only plead that the marriage is “irretrievably broken” (among other requirements).
Legal Help with Your Miami Divorce
If you are in the Miami area and you need legal help with your Miami divorce case, contact the experienced Miami divorce attorneys at True North Law, P.A. The experienced Miami divorce attorneys at True North Law, P.A. are here to help individuals in Miami with their challenging divorce issues. Do not hesitate to speak to a lawyer about your case today. Contact True North Law, P.A. now.
Source:
ir.law.fsu.edu/cgi/viewcontent.cgi?article=1838&context=lr