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Grounds for Divorce in Aventura

If youre writing your request to get a divorce in Aventura, the grounds for divorce need to be carefully worded so your bid will be successful.

Grounds for divorce is the legal term for the reason why you want a divorce. This is an important component of your petition for dissolution of marriage, which is the legal way to say a request for a divorce. Write the grounds for divorce the wrong way and a judge may reject your request.

Because the state of Florida, including Aventura, has specific rules governing grounds for divorce, your attorney will best know how to write them in a way that a judge will approve your divorce. It is highly recommended you hire an attorney to assist you in your divorce.

Aventura Grounds for Divorce

In Aventura, indeed in all of Florida, you can only get a no-fault divorce. What this means is that you cannot blame your spouse for the failing of the marriage.

By abolishing fault as a reason to grant a divorce, "this … lessens the potential harm to the husband, wife, and their children caused by the process of divorce," according to a pamphlet on divorce prepared by the Florida Bar Association, the statewide professional and regulatory association of attorneys.

Instead of attaching blame, even if one spouse committed adultery, an Aventura no-fault divorce request that will be approved by a judge in Miami-Dade County must show that the marriage is irretrievably broken, the primary grounds for divorce in Florida. This means that there is no way to fix the marriage.

Whether you are in Mystic Pointe Condominiums or Grand Island Estates or any other part of Aventura, you have another legal ground for divorce, although it is used much more rarely. If your spouse is incompetent for at least three years preceding the filling of a petition for divorce, you may be granted a divorce upon request.

When to Assign Blame

< p>Although Florida is a no-fault divorce state, a judge in Miami-Dade County can assign blame - or economic fault when it comes time to grant parental responsibility, divvy up the property and debts between the divorcing spouses, and decide whether one spouse should receive financial support (or alimony). Situations in which a spouse may be at economic fault include:

  • Gambling
  • Money spent on adultery
  • Giving money to relatives against the wishes of the other spouse

In Florida, such bad acts need to have occurred in the last two years of the marriage before filing for divorce. Such a finding could reduce the at-fault spouses share of the property by half.