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Grounds for Divorce in Coral Gables

If youre looking to get a divorce in Coral Gables, your grounds for divorce need to be written in such a way that they conform to state law - or a judge may reject your application.

Grounds for divorce is another way to say the reasons why you want a divorce. They are an important part of a petition for a dissolution of marriage, which is how you say "request for a divorce" in legal-speak.

It is highly recommended you hire an attorney for your divorce in Coral Gables. An attorney will best know how to state your grounds for divorce in a way that will pass muster with a judge.

Coral Gables, and all of Florida, is a no-faultdivorce jurisdiction. This means you cannot blame your need for a divorce in Coral Gables on your spouse, even if he or she committed adultery.

By ditching fault as a reason to OK a divorce, "this…lessens the potential harm to the husband, wife, and their children caused by the process of divorce," according to a divorce pamphlet from the Florida Bar Association.

Coral Gables Grounds for Divorce

Whether in Gables Estates or Old Cutler Bay or any other part of Coral Gables, your request for a permanent split from your spouse needs to have grounds for divorce that support your assertion your marriage is irretrievably broken. This is the primary legal standard for granting a divorce in Florida.

There is a second legal ground for divorce in Coral Gables and all of Florida, although it is used much more rarely. If one of the spouses is incompetent for at least three years preceding the filling of a petition for divorce, according to the Florida Bar Association, the other spouse may be granted a divorce upon request.

When to Assign Blame

< p>Although Florida is a no-fault divorce state, a judge in Coral Gables can assign blame - or economic fault - when it comes time to grant custody of the children, divide the property and debts, and decide whether one spouse should receive financial support (or alimony). Situations in which a spouse may be at economic fault include:

  • Gambling
  • 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 one-half.