Fault, Lost Spouses, and Divorce

Have you found yourself either contemplating filing for divorce, or suddenly facing a filing? You undoubtedly have an overwhelming number of questions flying through your mind, but do not worry, you are not the first or the last to face this issue, and the answers to all your questions are out there somewhere.

When an individual is facing divorce, one of the most frequently asked questions is about fault, and whether it is required in a divorce. In the state of Florida, the answer is no, fault is not required. It will likely factor into how the judge comes down on child support and alimony, but when it comes to the filing of the initial paperwork, or being eligible for a simple divorce, the marriage being “irretrievably broken” is enough.

Another question that comes up more often than you might think is what to do if a spouse has disappeared. Luckily, Florida does not require the other person to be found before a divorce can be issued. As long as you demonstrate what is called “diligent good faith” in your search for that person, you should not face any problems. Such a good faith search will require talking to all relevant family/friends, including your spouse’s, as well as putting a notice in a local newspaper, contacting the department of motor vehicles, etc.

It is not too hard to do, but you must make sure that you perform the search yourself. Since it will be your word in court, you want to make sure that you are never found to be lying or stretching the truth, intentionally or otherwise. It’s not worth the risk.

These are just a few small questions that are asked, but if you ever have any concerns about a divorce, or are ready for the next steps, do not hesitate to contact an experienced Florida attorney immediately. They will be able to get you the help you need, so that you can focus on the future.