What are the grounds for filing a high net worth divorce in Florida?

When filing for a high net worth divorce in Florida, the initiating individual must opt for one of the legal grounds recognized by the state. The most common grounds for high net worth divorce in a no-fault state like Florida is the failure to maintain the relationship due to the spouses not getting along anymore. The marriage is deemed “irreparably broken”.

Husband Had a Stroke After an Emergency Room Visit

Florida is a no-fault state, meaning no bad behavior can be tied to one of the spouses as grounds for divorce. The spouse who initiates the proceedings needs to list why they want to end the marriage in accordance with the eligible Florida legal grounds for divorce. For simple marriage dissolution, the couple must fully agree on the divorce terms.

Legally, no blame can be attributed to either spouse as a legitimate reason for divorce.

When filing for a Florida no-fault high net worth divorce in court, the petitioner must meet the residency requirements of at least six months prior to submitting the paperwork and attest the marriage exists.

Filing your high net worth divorce in Florida

There are only two options available as grounds for divorce in Florida:

  • The marriage is deemed “irretrievably broken” and cannot be repaired.

This is the most common basis for high net worth divorce in Florida. An “irretrievably broken” marriage consists of two partners who cannot get along and maintain their relationship afloat. At this point, the divorce can be either contested or uncontested by the responding spouse based on their assessment of the marriage’s sustainability.

A judge can intervene and prolong the process to allow the spouses to seek grounds for reconciliation if minor children are involved or if there is even a slight belief that the marriage can be saved. For example, the judge can order counseling sessions to give the couple time to work on their issues.

  • One of the spouses has been classified as mentally incapacitated for at least three years before filing for divorce.

The regulations are stringent when it comes to invoking this reason for divorce. The mentally ill spouse must undergo a court hearing and be declared mentally incapacitated for at least three years prior to a divorce being filed. The petitioner must notify their spouse’s guardian, the nearest blood relative, or a court-appointed person about the intention to get divorced.

However, despite the two grounds for divorce listed above, the judge will take into consideration domestic violence when it comes to protecting either spouse and their offspring or when considering alimony, child support, and visitation rights before granting the marriage dissolution.

Understanding all the legal ramifications requires a competent high net worth divorce attorney. The Law Offices of Sean M. Cleary can guide you through all the necessary steps to figure out how your interests can be best protected at any given stage of the high net worth divorce process. We can help you move the divorce process along more easily and in a timely manner.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.