What Does It Mean When a Marriage Is Irretrievably Broken?

Divorce laws vary by state. Every state has laws in place that dictate the grounds for filing for divorce. One can either file a no-fault or fault divorce. Florida is one of the no-fault divorce states. What this means is that either spouse can file a Petition for Dissolution of Marriage without having to prove fault on the part of the other spouse. Under Florida Statute 61.052, a Florida divorce may be granted on the ground that the marriage is irretrievably broken. However, in Florida, another ground for filing for divorce is available, which can be used if the circumstances justify the use. A spouse can file for divorce on the grounds that the other spouse is mentally incapacitated. However, most Floridians file for divorce on the grounds that the marriage is irretrievably broken. But what does “irretrievably broken” really mean? Below, we discuss what it means when a marriage is irretrievably broken.

Understanding the Meaning of Irretrievably Broken

When a spouse claims that their marriage is irretrievably broken, they are basically saying that the marriage cannot be fixed. They are claiming that there are irreconcilable differences that will continue as long as the marriage continues. The definition of irreconcilable differences is broad. It can include all the reasons why a marriage might fail. The following are some examples of irreconcilable differences that could lead to the irretrievable breakdown of a marriage;

• Having an emotional or sexual relationship with another person
• Lack of communication
• Excessive arguing
• Losing trust in the other person
• Personality differences
• Physical, sexual, or emotional abuse
• Lack of intimacy
• Differences in opinions regarding finances, religion, and children

While claiming that a marriage is irretrievably broken does not require proving that any party did anything wrong that justifies the marriage ending, it does not mean that there is no fault for the marriage ending. One or both spouses could be to blame for the marriage ending. However, a spouse does not need to prove fault to obtain a divorce.

Must Both Spouses Agree That the Marriage Is Irretrievably Broken?

No, under Florida law, both spouses don’t need to be on the same page regarding the marriage being irretrievably broken for one spouse to move forward with filing the divorce papers. It takes only one spouse to file a Petition for Dissolution of Marriage on the ground that the marriage is irretrievably broken. If one spouse does not agree that the marriage is irretrievably broken, they cannot prevent the other from getting a divorce, provided they meet the necessary requirements, such as the residence requirement, outlined under Florida Statute 61.021.

However, a spouse has the right to contest the divorce terms. For instance, a spouse may demand alimony or claim that alimony should not be awarded to the petitioner. However, there is a time limit for responding to a divorce petition. If a spouse does not respond to the divorce petition within 20 days of being served with the papers, the court may grant the petitioner a default judgment.

In cases where the other spouse contests the divorce terms, it is crucial to hire an experienced divorce attorney. If your spouse intends to fight you, you need an aggressive attorney who can protect your rights and ensure a fair divorce settlement.

Contact an Orlando Divorce Lawyer

For legal help, contact our skilled Orlando divorce lawyers at the Arwani Law Firm at 407-254-0060 or by filling out our online contact form.

Source:

flsenate.gov/Laws/Statutes/2022/61.052