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Grounds for Divorce in West Palm Beach

In West Palm Beach, grounds for divorce - the reason why a you want a divorce - need to be legally sound for your divorce to be successful.

Grounds for divorce are the legal reasons that a married couple is divorcing. An attorney will best know how to write a petition, or request, for a divorce on your behalf. Without proper grounds, your bid for a divorce could be denied.

You cannot blame your spouse for ruining the marriage if he or she committed adultery because West Palm Beach is a no-faultdivorce jurisdiction. The idea behind no-fault divorces is that it spares the divorcing spouses and their children the even greater stress that finger-pointing would cause.

West Palm Beach Divorce Grounds

Whether you are from Prospect Park or Villages of Palm Beach Lakes or any other area in West Palm Beach, in order to prove a divorce is warranted, couples in West Palm Beach need to show that their marriage is "irretrievably broken." This is the primary grounds for divorce in Florida.

No accusations are necessary to obtain a divorce. As the term "irretrievably broken" implies, the marriage is considered to be over, but the court and the legal documents do not try to assign blame, according to a book published by the American Bar Association.

There is a second legal ground for divorce in West Palm Beach 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, 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 West Palm Beach can assign blame - or economic fault when it comes time to grant parental responsibility, split 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
  • 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 spouse's share of the property by half.