Uncontested Divorce in Jacksonville Florida

Jacksonville FL Uncontested Divorce Lawyer – Family Law Attorney

In the state of Florida, the system has been modified so that the action that we typically know as divorce is now legally designated a “dissolution of marriage” proceeding. Many states are now using this model, and rather than allowing one or both of the parties involved to claim that the other is at fault, one cannot file for dissolution of marriage on the the ground of fault in the state of Florida. The grounds for divorce in Florida are either the mental incapacity of one of the former partners, or the contention that the marriage is “irretrievably broken.” The purpose of this approach is to encourage an amicable resolution that leads to an uncontested divorce or dissolution of marriage proceeding. This is good for the former couple involved, but it is especially important for any children who may be involved in the divorce. After all, the former couple will be interacting throughout the lives of their children, and this is difficult to do under a cloud of lingering animosity.

In states were at-fault divorces are allowed for, there can be an incentive to claim fault, and this leads to more contested divorces. For example, consider a hypothetical situation where a couple had been having marital difficulties for ten years, and the problems are widely rooted; the couple simply does not get along on many different levels, and they both know this. Let’s say the wife had an affair in the past, and the husband was well aware of it, but had forgiven his spouse. If a divorce proceeding was to go forward years later, the husband could claim that the wife was at fault due to this affair, when in reality, it wasn’t the cause for the divorce proceeding. This could impact the judge’s decisions concerning matters like spousal support if the case was to go to court. So rather than having two people just agreeing that their marriage has run its course, you have this rather ugly situation that is going to leave hard feelings in its wake.

So the no-fault system in Florida is intended to encourage couples to remain civil and work out the terms of an uncontested divorce if at all possible. This saves them time, money, and a lot of stress and potential hard feelings, and it also allows them to avoid the unsettling experience of allowing a judge to decide their fate.

If you are undergoing a divorce or dissolution of marriage proceeding, even if it is uncontested, you should still seek the representation on an experienced Jacksonville FL divorce attorney.