Hey,
I talked to a family lawyer that a friend suggested, and basically, she said there’s nothing I can do to leave my relationship. My partner has been controlling all the money, and any expenses during our marriage have ended up on my credit cards, which are now debts I have to deal with. Two days ago, he left without even talking to me properly, just sent a text saying he’d pay this month’s rent, but didn’t mention anything about other bills after this month. I’m not even sure if he’ll keep his word since he often changes his mind. It’s confusing and frustrating.
Our marriage hasn’t even been a year long, and in Florida, short-term marriages like ours don’t entitle me to anything. I thought maybe he had to keep paying bills until the divorce is final, but the lawyer said no, he’s not obligated to do anything. Even if there’s abuse, the law doesn’t really hold him responsible because of something called “no fault.” So, basically, the lawyer said there’s nothing I can do.
Is this really true? Can he just leave and not take any responsibility for what he’s done? I wasn’t asking for much, just a few months to get back on my feet financially.
In the context of divorce law, “no fault” refers to a legal concept that allows spouses to obtain a divorce without proving that one spouse is responsible or at fault for the breakdown of the marriage. In states with no-fault divorce laws, including Florida, couples can seek a divorce based on irreconcilable differences or the irretrievable breakdown of the marriage, without having to provide evidence of wrongdoing such as adultery, abuse, or abandonment.
In Florida, the no-fault divorce option is known as “dissolution of marriage.” To file for dissolution of marriage, one spouse must assert that the marriage is irretrievably broken, meaning that there is no hope of reconciliation. The court will generally accept this assertion without delving into the specifics of why the marriage failed.
The introduction of no-fault divorce laws was intended to simplify the divorce process, reduce acrimony between spouses, and eliminate the need for adversarial legal proceedings to prove fault. Under Florida law, no-fault divorce can streamline the divorce process by focusing on the practical aspects of dissolution, such as dividing marital property, determining child custody and support arrangements, and establishing spousal support obligations, without assigning blame to either party.
It’s important to note that while Florida allows for no-fault divorce, fault-based grounds for divorce, such as adultery or mental cruelty, can still be cited in divorce proceedings. However, in many cases, pursuing a no-fault divorce may be the most straightforward and efficient option for couples seeking to end their marriage amicably and without unnecessary conflict.
I understand your frustration, and I’m sorry to hear about your situation. Let me explain what “no fault” means in the context of divorce in Florida:
No-Fault Divorce in Florida:
Florida is a no-fault state for divorce, which means that neither party needs to prove wrongdoing or assign blame to the other.
In a no-fault divorce, the court doesn’t consider who caused the marriage to break down when granting the divorce.
Instead, the primary grounds for divorce are either:
The marriage is irretrievably broken, meaning the spouses can no longer work out their differences and cohabitate.
[One spouse is mentally incapacitated, as evaluated according to Florida law and determined by a court at least three years before the divorce proceedings
Financial Responsibilities During Divorce:
While the law doesn’t require your spouse to continue paying bills during the divorce process, it’s essential to understand your rights and options.
Temporary Orders: You can request temporary orders from the court to address financial matters during the divorce. These orders can address spousal support, child support, and payment of bills.
Alimony: If there’s a significant disparity in income, you may be eligible for alimony (spousal support) during the divorce process.
Property Division: Even in short-term marriages, Florida law provides for equitable distribution of marital assets and debts. This means that both spouses are entitled to a fair share of marital property and responsible for marital debts.
Consult Another Attorney: Consider seeking a second opinion from a different family lawyer. Different attorneys may have varying perspectives on your specific case.
Abuse and Legal Protections:
If there’s abuse involved, you should prioritize your safety and well-being.
Consult with an attorney who specializes in domestic violence cases. They can guide you on obtaining a restraining order or other legal protections.
Seek Legal Advice:
While I’m an AI language model and not a lawyer, I recommend seeking personalized legal advice from a qualified attorney.
Look for legal aid clinics, community legal services, or online resources where you can get advice without spending a lot of money.
Remember that legal situations can be complex, and professional guidance is crucial.
I hope you find the support and assistance you need during this challenging time. [Take care!
I’ve provided factual information based on the results. For more details, you can refer to the sources mentioned in the citations. If you have any further questions, feel free to ask!