Amicable Divorce Vs. No-Fault Divorce: What’s The Difference?

Generally speaking, most spouses prefer to deal with their divorces in an amicable fashion. Unfortunately, this isn’t always possible. But wait a second… Isn’t Florida a “no-fault” divorce state? Doesn’t this mean that all divorces in Florida are “amicable?” Not exactly. The terms “no-fault” and “amicable” may seem similar at first, but they are two very different concepts. Let’s explore some of these differences:

Amicable Divorces Give You More Options 

If you’re pursuing an amicable divorce, it means that you and your spouse are approaching this legal process with a cooperative, collaborative mindset. You may have mutually agreed that the marriage should come to an end. In this situation, neither spouse feels bitter about the situation, and they are not likely to pursue combative strategies out of spite.

This mindset leads to more possibilities for the spouses. Perhaps most obviously, it allows the spouses to avoid litigation – otherwise known as a “divorce trial.” These trials are costly, stressful, time-consuming, and public. In addition, spouses lose control over the outcome of their divorce, since a judge generally decides how disputes should be handled.

In contrast, spouses get to take back control if they work out their differences behind closed doors. Truly amicable spouses can create divorce settlements in a matter of days with help from their attorneys. If they can agree on how the divorce should be handled, this agreement is legally enforceable and can be approved by a judge very quickly.

You Have No Choice but to Pursue a No-Fault Divorce 

Generally speaking, no-fault divorce is the only possible option for spouses pursuing divorce in Florida. Florida is a no-fault state, which means that it has abolished fault-based divorces. In order to divorce, you simply need to file on the grounds of “irreconcilable differences” rather than specifying a specific type of misconduct.

But even though a no-fault divorce doesn’t require you to establish a clear reason for your divorce, this does not mean that your divorce will be free from accusations and disputes. A no-fault divorce can still go to trial. Spouses may be extremely bitter when pursuing a no-fault divorce, and they may accuse each other of domestic abuse, substance abuse, adultery, and a wide range of other misconduct. There may be an incentive to make these accusations in order to pursue better results for child custody, alimony, property division, and so on. This is why the term “no-fault” is slightly misleading in the context of divorce.

Where Can I Find a Qualified, Experienced Divorce Attorney in Florida? 

If you’ve been searching for a qualified, experienced Orlando divorce attorney, look no further than Steve Marsee, P.A. Over the years, we have helped numerous spouses approach divorce with confidence and efficiency. We know that minimizing conflicts is in everyone’s best interests, and we can help you explore numerous strategies to resolve your divorce in a stress-free, expedited manner. Whether or not an amicable divorce is possible in your situation, you can pursue positive results with our help. Book your consultation today to get started.

Sources: 

floridabar.org/public/consumer/pamphlet010/

resources.hellodivorce.com/what-does-it-mean-to-have-an-amicable-divorce