You live in Florida and you are thinking about getting a divorce. Whether or not to get a divorce is a complicated question that no one can answer for you. Florida is a “no fault” divorce state. Here are 5 things to consider when deciding whether or not to get a divorce:
1. Reconciliation. If there is a possibility of reconciliation, explore those possibilities before deciding to get a divorce. You can get a limited consultation about the possible effects of a divorce that may help you decide whether to try reconciliation. However, if you want to reconcile but your spouse does not want to reconcile, you need to be in divorce proceedings. If the possibility of reconciliation is remote but still there, then consider filing a petition and then abating the petition for a brief time while you explore reconciliation if your spouse wants to try to reconcile with you.
2. Marriage Counseling. If you and your spouse both want to attend marriage counseling to try to reconcile the issues between the two of you, then explore that possibility. If either you or your spouse don’t believe marriage counseling would be helpful and there is no other plan for reconciliation, or if you have tried marriage counseling unsuccessfully, then you need to be in divorce proceedings.
3. Recurring Issues. If your believe that your family or your spouse’s family interfere in the marriage relationship to an extent that the marriage is broken, then you should consider a divorce, either from the spouse or the interfering family. If you want to preserve the relationship with the family or your spouse wants to preserve the relationship with family, then divorce is practically inevitable. For example, if you don’t like your wife’s children from a prior relationship, don’t agree with how the children interfere in your marriage, and your wife is not about to abandon her children to live happily ever after with you (or if she is willing to abandon the parent/child relationship but you fear that she will resent you for making her choose) then a divorce is what you should consider. Another example is if you or your spouse have had an extramarital affair that continues to affect your marriage and has destroyed your trust in your spouse (or your spouse’s trust in you) then a divorce is what you should consider.
4. Deciding Whether or not to get a divorce in Florida, it makes no difference if only one Spouse is Deciding Whether or not to get a Florida divorce, it only takes one Spouse who doesn’t want to stay married. This cannot be overstated. If you don’t want to reconcile the marriage get a divorce. If your spouse doesn’t want to reconcile the marriage, get a divorce. If your spouse says he or she wants to reconcile but isn’t taking steps that lead to full reconciliation, get a divorce.
5. No Fault Divorce. Remember that Florida is a “no fault” divorce state, which means that neither spouse has to allege “fault” to get a divorce. Fault is generally abuse, abandonment, mental cruelty, etc. All that is needed is an allegation by either spouse that the marriage will not reconcile and a trial judge will grant a divorce, even if the other spouse doesn’t want to get divorced.
This article is for general informational purposes only. This article is not intended as legal advice and does not substitute for the advice of an experienced Family Lawyer. The hiring of an attorney is an important decision that should not be made based upon advertising alone. Contact me to provide you with written information about my qualifications. Visit my website at http://www.DoreenVarela.com for information about me and about my qualifications. Call us at 561-820-0811 to discuss your particular situation in confidence.