/>iFlorida, like many other states, is a no-fault divorce state. We are often asked what this means? While this description of our state in terms of how it views a divorce is somewhat self-explanatory, but in short, a no-fault divorce state means that the dissolution of marriage does not require a showing of wrongdoing by either party in order for the divorce to be granted. The spouse who has been “harmed” in the divorce understandably and often finds this concept difficult to swallow, particularly because that spouse may not feel vindicated for what he or she has endured.
The attached link to an article, “Why an Affair May Not Matter in Your Divorce” by Susan Saper Galamba is a good read for those facing a potential dissolution of marriage. The article discusses three common factors that cause a marriage to breakdown (control issues, infidelity, and abuse) and it explains that emotional reactions to these factual instances, no matter how intense or valid, may not impact the divorce. It is important to remember that what may be viewed as a moral wrong versus a legal wrong are often viewed very differently in the eyes of the law. As such, it is suggested that a spouse facing a potential divorce should consult not only with an attorney who specializes in the area of Family Law and understands the facts that are relevant, but also with a mental health professional who can assist with the emotional battles he or she may face throughout the dissolution process and going forward. The dynamics that are perceived to cause the divorce can be incredibly painful, but should not override the case if possible and there needs to be a focus on what the court can consider even when trying to reach an amicable resolution.
