Divorce laws 101: All the Basics You Need to Know

Grounds for Divorce

When it comes to officially calling it quits on a marriage through divorce, some jurisdictions requires you to have legal grounds for ending the marriage.

There are two main categories of grounds for divorce - no-fault grounds and fault grounds. Let's start with the no-fault kind since this is the most common route nowadays.

No-Fault Grounds

This is the easy, no-blame way to get divorced.

Every state allows what is called a "no-fault" divorce. Essentially, neither spouse has to prove that the other did something wrong or bad.

Common no-fault grounds are things like "irreconcilable differences," "irretrievable breakdown of the marriage," or simply "incompatibility."

Fault Grounds

Some states still allow "fault" grounds for divorce if one spouse can prove certain misconduct by the other spouse. This alleged misconduct is stated as the reason for the marriage failure.

Examples of fault grounds can include infidelity, abandonment for a certain period of time, cruel treatment or domestic violence.

The spouse has to provide clear evidence to prove the fault allegation.

Uncontested divorce offers couples a level of confidentiality in line with the privacy protections provided by the divorce laws in Florida.

Divorce Process

The divorce process may seem to be confusing at first, with a lot of legal steps and procedures involved.

It all starts when one spouse files an official divorce petition or complaint with the court.

After filing, the other spouse has to be formally notified that the divorce process has kicked off. This is called "service of process" and is usually done by having a court officer personally deliver the divorce papers.

With both spouses officially on notice, the court may then issue temporary orders. Temporary orders can cover things like custody arrangements for kids, who stays in the house, child support payments, bill paying and more.

Next comes the negotiation and discovery phase. This is where each side collects information, and tries to settle as many issues as possible through their attorneys. Mediators can help couples negotiate agreements.

If a settlement can't be reached, you may have to go to divorce trial where a judge will hear arguments and evidence from both sides before making final rulings on every issue.

Bottom Line

These are just some of the key basics around divorce laws to be aware of. The divorce process may sound confusing, but taking it one step at a time, you'll gradually make your way through from filing to putting your divorce behind you. Just get organized, hire a good attorney, and try to compromise where possible. Before you know it, you'll be diving into your new life!