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Paul E. Riffel Tampa Estate Planning Attorney

Fault in Florida divorce

In Florida, courts generally do not consider fault in divorce. It’s been a no-fault sate for the past 40 years, so allegations of adultery and abuse are unnecessary. However, there is an exception for fault: if the fault has financial impact upon the parties. In other words, if a party has improperly disposed of assets or improperly incurred liabilities, the court can consider that when crafting the final judgment.

Knowing these facts is important because the timing of the divorce is relevant when it comes to financial fault. It is difficult, if not impossible, to convince the court to give you credit for the improper financial acts of your spouse if you continue to stay married to him or her.

There is a two-year statute of limitations with regard to the court finding fault against a spouse. Therefore, if the financial fault occurred five years prior to the filing of the Petition for Dissolution of Marriage, the court cannot consider it.

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