In Miami and the rest of Florida, you must prove your spouse’s misconduct if you want to file for divorce. Some of the reasons for divorce were as follows:
- Getting convicted of a felony crime
- Being a habitual drunkard
However, trying to prove alleged misconduct by a spouse was considered an invasion of privacy, resulting in a few changes. Petitioners no longer have to invade privacy and can file for divorce by claiming that their marriage has irretrievably broken or their spouse suffers from permanent mental incapacity.
The petitioner has no compulsion to prove that their marital relationship has broken down. However, if the spouse wants to reconcile, the court may direct the couple to meet with a marriage counselor so that they can save their marriage. This can lead to a stay in the proceedings for around three months. After this period, if the petitioner still wants a divorce, the court will take their request into cognizance and move the case forward. Considering that it can be a long and stressful process, hiring an experienced and qualified divorce attorney in Miami, Florida, is a good idea to handle your case.
On the other hand, if you are trying to file for a divorce based on your spouse’s mental incapacity, it is prudent to remember that the condition should have been ruled by the court at least three years before you file for divorce.
No-Fault Divorce Is Not The Same As Uncontested Divorce
Many people believe that if they file for a no-fault, the case will not go to trial. While you would not have to prove any misconduct on the part of your spouse, a divorce attorney in Miami FL will tell you that many issues you are facing in your marriage have to be resolved before the court grants you a divorce.
Hence, even if you file a no-fault divorce, it is prudent to try and settle the issues through mediation so that you and your spouse do not contest in court. If you cannot resolve the outstanding issues, the court will decide, and then your uncontested divorce will transform into a contested one.
In modern times, judges do not look so closely at marital misconduct. However, if you spend your combined money on adulterous affairs, the court will not view it favorably and will punish you during the distribution of marital property and child custody ruling.
Hence, if you are filing for divorce, find the best divorce lawyer Miami FL has to offer who can guide and help you.