Adultery and the No Fault State

It looks like A Rod is going to be yet another Florida philanderer who will not pay a financial penalty to his wife for his cheating ways. I've written many other times about the no fault state policies, but the following article is about how you are never compensated for being married to a man or woman who cheats.

http://ap.google.com/article/ALeqM5i8CWDUkVQSQWco323DxYmsj9X49wD9293BF80

Difference Between Fault and No Fault States

There are many differences between fault and no fault states when it comes to divorce. One of the major differences is that the reasons behind a parties' divorce in a no fault state are virtually irrelevant. When it comes to emotionally cruelty and the like, those issues are rarely ever a factor in equitable distribution, alimony and child custody issues in no fault states. However, in fault states, these factors come into play. See the following story regarding New Jersey's ex-governor to see how fault can come into play.

http://www.cfnews13.com/News/National/2008/3/20/gay_exgov_wins_round_in_divorce_court.html

Is Your Marriage Broken?

I have written before on this blog about the difference between the emotional divorce and the legal divorce and how many times they are separate and apart from one another. Because Florida is a no fault state, a couple need only show that their marriage is irretrievably broken and that one or both of the parties has been a resident of the state of Florida for the six months prior to the date of filing. Generally speaking if one party doesn't believe that the marriage is irretrievably broken, the court may order counseling or possibly continue the divorce proceeding for a maximum of three months to enable the parties to reconcile. This allows the parties time to reconcile, or in some cases allows time to insure that the marriage is indeed broken. If you believe that your marriage can be saved, and your spouse has already filed for divorce, upon your statement that the marriage is not broken, the court may order that you obtain marriage counseling which could provide you with some time to determine whether your marriage is indeed irretrievably broken.