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What Does Grounds for Divorce Mean?


If you are choosing to end a marriage, it is important to understand the grounds for divorce when initiating divorce proceedings. Grounds for divorce are essentially the legal reasons that justify the dissolution of a marriage. To explore next steps for your specific situation, meet with a Port St. Lucie family law attorney.

Florida Is a No-Fault State

Because the state of FL is a no-fault state when it comes to divorce law, a spouse who wants to exit a marriage does not need to prove fault or wrongdoing to file for divorce. The primary grounds for divorce can be irreconcilable differences. Some of the terms that could come up as you move to divorce:

  • No-fault divorce. The most common type of divorce in Florida is a no-fault divorce where neither spouse is required to prove fault. Instead, the petitioner simply needs to state that the marriage is irretrievably broken.
  • Mental incapacity. Another ground for divorce is mental incapacity, but this is only an option when one spouse has been deemed mentally incapacitated for at least three years.
  • Because Florida is a no-fault divorce state, many relationships involving unfaithful spouses end due to be irretrievably broken, but while adultery is not a legal ground for divorce it can still be a factor in divorce proceedings as it may impact property division and spousal support.
  • Cruelty or violence. When a spouse is a victim of domestic violence or abuse, it will not be the specific ground for divorce but will be a relevant factor in divorce proceedings.
  • Abandonment can be a factor considered in divorce cases, particularly in matters related to alimony and property distribution.

Whether or not any of these terms apply to your situation will depend on your current circumstances. When you meet with an attorney, they can explain your legal rights and options in the divorce process to you, ensuring that you are fully informed and prepared to make critical decisions about your future.

Negotiating Settlements to Protect Your Interests

A divorce attorney can assist in negotiating settlements on issues such as property division, alimony, child custody, and child support, aiming to achieve a fair and favorable outcome. What is important to you may not be essential for someone else, and your attorney will work diligently to safeguard your particular interests. For some the top priority is protecting assets while unions that have resulted in children may have a partner prioritizing a particular child custody arrangement.

If your case involves any unique factors or grounds for divorce, connect with a skilled Port St. Lucie family law attorney who can provide you with tailored advice based on Florida law and your specific circumstances.

Has the topic of grounds for divorce been raised as you’ve moved to end a marriage? Whether you are seeking an amicable divorce settlement or require courtroom representation, the legal team at Baginski, Brandt & Brandt will guide you through the process and work to secure the best possible outcome for you. To get started, reach out to schedule an appointment.

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Port St. Lucie 8483 S. U.S. Highway One
Port St. Lucie, Florida 34952
Stuart By Appointment Only 100 SW Albany Ave., Suite 300k
Stuart, FL 34994
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Fort Pierce, FL 34950
Telephone: 772-466-0707 Fax: 772-223-9290 or 772-466-0907 Office Hours: 8:30 to 5:00pm M-F