When married couples choose to divorce in Florida, the parent who gains physical custody of…
On behalf of The Law Office of Gustavo E. Frances, P.A.
Faced with an untenable marriage, most Florida spouses are relieved to know that they are able to bring their marriage to an end with relatively few obstacles. Florida is a “no-fault” divorce state, which means that couples who agree to end their marriage do not need to place the blame for the divorce on one party or the other. Another state, however, is considering putting an end to no-fault divorce, through the elimination of “incompatibility” as a criteria for ending a marriage.
As the law currently stands, couples in that state can seek a divorce for reasons that include adultery, impotency, fraudulent contract, cruelty and abandonment. They can also simply cite incompatibility, which simply means that they are no longer able to move forward as a couple. A recently proposed bill would eliminate incompatibility as grounds for divorce, and would force couples to prove that one of the other criteria was present within the marriage.
That could lead to increased tension and strife for couples who are already going through a challenging time. Those who oppose changing the law in Oklahoma assert that creating additional obstacles for divorce will only serve to pit spouses against one another, when they might have been able to end the union in a more collaborative manner. That could mean increased fighting over property division, child custody or a number of other divorce issues.
As this proposed legislation works its way through the process, many readers in Florida and across the nation will keep an eye on the matter. Family law shifts over time, and there are several states that have considered similar legislation that places obstacles in the path of divorce. For now, however, Florida spouses are relieved to have access to no-fault divorce and a relatively simple path out of a broken marriage.