Grounds for Divorce in Fort Myers

When writing your request for a divorce in Fort Myers, the grounds for divorce need to be phrased in such a way that a judge can approve your request.

Grounds for divorce is another way of saying the reasons why you want a divorce. Divorce law in Florida is very specific about what kinds of reasons are acceptable and which are not.

For example, a family law judge in Fort Myers will not approve your grounds for divorce because your spouse committed adultery. This is because Fort Myers, indeed all of Florida, is a no-fault divorce jurisdiction, meaning you cannot blame your spouse for causing the breakdown of the marriage.

By not considering fault in your grounds for divorce in Fort Myers, "this … lessens the potential harm to the husband, wife, and their children caused by the process of divorce," according to a divorce pamphlet prepared by the Florida Bar Association.

Fort Myers Grounds for Divorce

Instead, a successful petition for dissolution of marriage (the legal term for "request for a divorce") needs to explain how the marital relationship is irretrievably broken. This is the primary grounds for divorce in Fort Myers.

Your attorney will best know how to state your grounds for divorce in a ways that will win favor with a Lee County judge. This is why you should consider hiring an attorney.

Whether you are in Sanibel, Captiva, Somerset, Bridgetown or elsewhere in the Fort Myers area, you can use a second legal ground for divorce, but only in very specific circumstances. State law says that if one of the spouses is incompetent for at least three years before the filling of a petition for divorce, the other spouse may be granted a divorce.

When to Assign Blame

< p>Although Florida is a no-fault divorce state, a Fort Myers judge can assign blame - or economic fault - when deciding custody of the children, how to divide the property and debts, and 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, these bad acts need to have occurred in the last two years of the marriage before filing for divorce. If a judge finds one spouse is at economic fault, it could reduce the at-fault spouses share of the property by half.