Divorce Attorney/Lawyer, Stuart, FloridaPracticing in all areas of Divorce and family Law

William F. Gallese, P.A. is staffed by legal professionals who are sensitive to the needs of those who are experiencing marital difficulty and may be considering a divorce. We provide assistance in the areas of divorce, custody, child support, property distribution, and other related matters. We understand the emotional and financial impact of divorce and are dedicated to providing each client with attention and answers to their questions.

Divorce can be stressful, especially when involving children. It is our goal to eliminate the fear, anxiety and emotional difficulties by clearly outlining the legal process and discussing the options available in every situation. Whenever possible, we focus our energies on mediation rather than litigation. But when an amicable agreement cannot be met, you can be confident that our attorneys will vigorously pursue your rights and interests.

Divorce and Family Law

For more information, please contact us and one of our professional legal staff members will get back to you as soon as possible.

Our firm handles divorce cases for clients on the Treasure Coast and possibly throughout the state, either personally or through a referral. Please contact Gallese Law of Stuart Florida law office at 772-220-2088.

No-fault divorce

Under a no-fault divorce system, divorce requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require “irretrievable breakdown”, the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been destroyed by these differences is enough for granting a divorce. Courts will not inquire into facts. A “yes” is enough, even if the other party vehemently says “no”. The application can be made by either party or by both parties jointly.

At-fault divorce

Prior to the late 1960s, nearly all countries which permitted divorce also required proof by one party that the other party had committed an act incompatible to the marriage. This was termed “grounds” for divorce (popularly called “fault”) and was the only way to terminate a marriage. Most jurisdictions around the world still require such proof of fault. In the United States, no-fault divorce is now available in all 50 states and the District of Columbia–New York, the last state to still require fault-based divorce, passed a bill in 2010 permitting no-fault divorce.

Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.