Dissolution of marriage proceedings within the state of Florida have evolved to primarily operate under a system where neither party is required to prove wrongdoing or misconduct on the part of the other to obtain a divorce. Instead, the focus is on establishing that the marriage is irretrievably broken. This means the court must determine that the marital relationship is beyond repair, making reconciliation impossible. A simple declaration by one spouse that the marriage is irretrievably broken is usually sufficient grounds for a divorce to be granted, even if the other spouse disagrees.
This system offers several advantages. It reduces the adversarial nature of divorce proceedings, minimizing the need for lengthy and often damaging court battles focused on assigning blame. This, in turn, can lead to a more amicable separation process, particularly beneficial when children are involved. Historically, divorce required demonstrating fault, such as adultery or abuse, which often exacerbated conflict and increased legal costs. The current system streamlines the process and can contribute to a more civil outcome for all parties involved.
