What Does It Mean That a Marriage Is Irretrievably Broken?

Florida is a no-fault state for divorce actions. Florida Statute §61.052 states that a dissolution of marriage may be granted on the grounds that:

  • The marriage is irretrievably broken; OR,
  • A spouse has been judged mentally incapacitated for at least three years.

Most people obtain divorces in Florida on the grounds that their marriage is irretrievably broken, meaning the marriage cannot be saved. Mental incapacitation is rarely used, but it is available if the circumstances justify the use.

What Does Irretrievably Broken Mean in a Divorce Action in Florida?

When a marriage is irretrievably broken, the relationship between the spouses cannot be repaired. In other words, the spouses have irreconcilable differences that will continue as long as the parties remain married. Therefore, the only resolution for the spouses is to end their marriage legally.

Irreconcilable differences is a vague and broad term on purpose. It is intended to include all types of issues that could lead to the irretrievable breakdown of the marriage.

Irretrievable breakdown examples could include, but are not limited to:

  • A spouse has an affair and falls in love with another person
  • Losing a sense of safety or trust in the other person
  • Differences of opinion regarding religion, politics, financials, or raising children
  • Disagreements regarding relocation or careers
  • Personality differences and conflicts
  • The desire to have children or not to have children
  • A lack of emotional and/or physical intimacy
  • Lack of communication
  • Differences in opinions regarding values and lifestyles
  • Constantly arguing
  • Sexual, physical, or emotional abuse

Even though Florida is a no-fault divorce state, it does not mean there is no fault for the breakup of a marriage. One or both spouses could be at fault for the breakup of the marriage.

Instead, no-fault divorce refers to the fact that a person does not need to prove the other person did something to cause the marriage to be irretrievably broken. For example, your spouse committing adultery could be the “fault” for the breakup of your marriage.

However, you do not need to prove your spouse cheated to obtain a divorce in Florida. Instead, all you need to claim is that your marriage is irretrievably broken when you file your petition for dissolution of marriage. That statement alone is sufficient to obtain a divorce.

Do Both Spouses Need To Agree the Marriage Is Irretrievably Broken To Get a Divorce in Florida?

No. The law does not require both spouses to consent to a dissolution of marriage for the court to enter a divorce order in Florida. Only one spouse needs to state that the marriage is irretrievably broken to legally dissolve the marriage.

Therefore, your spouse cannot stop you from obtaining a divorce in Florida. Provided you meet the residency requirements and fill out all required paperwork, you can obtain a divorce because you have irreconcilable differences.

However, your spouse can contest the divorce terms. For example, your spouse might petition for sole custody or demand spousal support. Your spouse could fight the equitable distribution of assets.

In these cases, hiring an experienced Orlando divorce lawyer as soon as possible is crucial. A contested divorce can significantly impact your future in terms of property division, child custody, child support, and spousal support. If your spouse intends to fight the divorce, you need an aggressive divorce lawyer on your side to protect your right to a fair and equitable divorce settlement.

Is There a Quick and Easy Divorce Process in Orlando, Florida?

Because you do not need to prove fault to obtain a divorce in Florida, there is a quick, simple, and cost-effective way to dissolve a marriage in Orlando. It is called a Simplified Dissolution of Marriage.

Not all couples qualify for an uncontested simplified divorce. Your and your spouse must meet all of the following requirements to petition the court for a simplified dissolution of marriage:

  • One of the spouses must have been a Florida resident for at least six months before filing
  • The spouses agree the marriage is irretrievably broken
  • The spouses have no minor or dependent children together
  • There were no minor or dependent children born to the wife during the marriage
  • The wife is not pregnant now
  • The spouses have agreed on how they will divide their assets and debts
  • Neither spouse is seeking alimony
  • The spouses agree to give up their right to a trial and appeal
  • The spouses agree to go to the clerk’s office to sign the petition together or individually
  • The spouses agree to appear together for the final hearing

If you do not meet each of the above requirements, you must file a regular divorce petition.

Before taking any steps to end a marriage, it is wise to seek legal advice from an experienced Orlando divorce lawyer. Learning about your legal rights helps you make informed decisions that could prevent you from making mistakes that could negatively impact your divorce proceedings.

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803