Divorce is a stark reality among many couples in the United States, often arising when partners feel they will fare better outside of their marriage. An irretrievably broken marriage refers to a union where either or both parties claim the relationship must end in divorce because there is no solution to their crisis.
Many believe that divorce in Florida is straightforward due to its no-fault divorce laws, where individuals do not need to explain their reasons for seeking a divorce. No proof of abandonment, infidelity, abuse, or other justifications is required for authorities to sanction a divorce.
While this notion is somewhat accurate, it’s essential to understand that both spouses must agree to the divorce, or one party must prove the marriage is “irretrievably broken” for the divorce to be successful.
Filing for Divorce in Florida
When filing for divorce, you must include a statement regarding the purpose of the divorce. If you lack a specific reason, such as abandonment or infidelity, you can simply state that the marriage is “irretrievably broken.” However, while the process seems straightforward, various unanticipated issues can complicate matters and prolong the process.
This article considers the crucial issues surrounding an irretrievably broken marriage in Florida.
When the Couple Agrees That the Marriage Is Irretrievably Broken
To file for divorce in Florida, the petition for dissolution requires a statement explaining your desire to end the union. In simple divorce matters, you do not need to prove that the marriage is irretrievably broken if both spouses agree on this point. If there are no children involved and both parties reach an amicable settlement, the courts will likely accept your statement and endorse the dissolution.
However, complications may arise, particularly concerning alimony or financial settlements. If both parties agree on the marriage’s irretrievable brokenness but cannot resolve other related issues, the court will need to intervene to decide these matters, including child custody, asset division, and property distribution.
Engaging the expertise of a divorce attorney is vital to advocate for your interests and ensure that you are not shortchanged regarding assets, liabilities, and custody arrangements.
When a Spouse Challenges the “Irretrievable Brokenness” Divorce Ground
The process becomes more complicated when one spouse contests the assertion that the marriage is irretrievably broken. In this case, the burden of proof shifts to the individual seeking the divorce to establish that the marriage has defied all solutions.
Even though Florida is a no-fault state, situations may arise where one spouse must demonstrate that the other has engaged in acts that have irretrievably broken down the marriage. Such acts include:
- Emotional or physical abuse, with evidence showing that the marriage is no longer safe.
- Mental incapacitation of a spouse for three or more years before filing for divorce.
- Abandonment (physical or financial) for a minimum of six months prior to filing.
- Proof of infidelity or adultery.
Authority to Pronounce a Marriage “Irretrievably Broken”
The statement of irretrievable brokenness will stand in court if both partners agree on the union’s irreparability. However, if one partner contests this assertion, the spouse seeking the divorce must provide evidence in court.
If the dispute continues without resolution, the court may order the couple to attend marriage counseling with a trained expert to address their differences. This process can delay the divorce by three months, during which the court may require one spouse to pay child support or alimony. If reconciliation proves impossible after counseling—even if the partner still disputes the assertion—the court may ultimately declare the marriage irretrievably broken.
“There may be multiple hearings for the mediator or judge to sort issues surrounding custody, assets, and liabilities,” explains family law attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm.
What Happens After a Marriage Is Pronounced “Irretrievably Broken”?
Once the hearings conclude, the court will issue a final settlement document, known as a divorce decree, signifying the dissolution of the marriage. This document formally lists the information negotiated during the proceedings.
In some cases, couples can agree on the divorce decree amicably. Conversely, even if the court decides that the marriage is irretrievably broken, a judge may need to draft the decree on behalf of both parties based on the evidence presented during hearings.
Final Thoughts
Divorce is inherently stressful, so engaging a family law attorney to guide you through the process is wise. Your lawyer will ensure that the other party does not exploit you during the proceedings.
