No Fault Divorce

A historical perspective of No Fault Divorce

An evolution occurred regarding the laws regulating divorce.   Before the introduction of No Fault Divorce, a party was required to prove specific grounds before a Court would grant a divorce.  In most jurisdictions in the United States, these grounds included adultery, habitual drunkenness, impotency, infertility, homosexuality , criminal conviction of a felony or imprisonment, abandonment, desertion, cruelty, or mental instability.  The requirement that one person prove that grounds for divorce caused increased adversity in an already hostile relationship.  It also increased the expense to the parties.  Florida’s legislature abolished the requirement that a person prove that their souse is at fault and allowed a marriage to be dissolved based on a finding that there are irreconcilable differences between the husband and wife.  Currently, Florida allows a person to obtain a no fault divorce by proving that the person resided in Florida for at least 6 months before filing for divorce and that the marriage is irretrievable broker.  (i.e. the marriage can not be saved)