“Irretrievably broken” may sound dramatic. Like your marriage has been dropped off a building, run over, and officially declared beyond repair.
But if you are filing for divorce in Florida, you will probably see those two words somewhere along the way. So, what do they actually mean? Do you have to prove your marriage is really beyond saving?
Fortunately, the answer is a lot less dramatic than the phrase makes it sound.
What Does “Irretrievably Broken” Mean?
In simple terms, saying that a marriage is irretrievably broken means that the relationship has broken down and there is no realistic expectation that it can be repaired or reconciled.
Under Florida law, there are two grounds for dissolving a marriage: the marriage is irretrievably broken, or one spouse has been mentally incapacitated for at least three years under the circumstances provided by Florida law. For most divorces, though, “irretrievably broken” is the phrase that matters.
And here is the important part: you do not have to prove that your spouse did something wrong just to get divorced.
Florida Is a No-Fault Divorce State
Florida uses a no-fault divorce system.
That means you do not have to prove adultery, abandonment, cruelty, or some other wrongdoing simply to establish grounds for ending your marriage.
Maybe one major event ended your relationship. Maybe you have been unhappy for years. Or maybe there was no explosive ending at all; you simply reached the point where you no longer believe the marriage can continue.
The court does not need your relationship to have a villain before it can have an ending.
Instead, the central question is whether the marriage is irretrievably broken.
But What If My Spouse Says the Marriage Is NOT Broken?
This is where things can get a little more complicated.
One spouse generally cannot prevent a divorce simply by refusing to sign papers or insisting that the marriage can still be saved.
However, if your spouse denies that the marriage is irretrievably broken, Florida law gives the court several options. The court may order one or both spouses to consult with a qualified professional, continue the case for a reasonable period of up to three months to allow the spouses to reconcile, or take other action that may be in the best interests of the parties and their minor child, if there is one.
If the allegation that the marriage is irretrievably broken is not denied but the couple has a minor child, the court still has discretion to take similar steps before entering a final judgment.
Ultimately, though, if the court finds that the marriage is irretrievably broken, disagreeing with the divorce does not necessarily stop it.
So, Do We Have to Try Marriage Counseling First?
Not necessarily.
There is no blanket requirement that every Florida couple attend marriage counseling before getting divorced. While a judge may order consultation with a qualified professional in the circumstances discussed above, that is very different from saying every couple must prove they tried counseling before they can end their marriage.
For many couples, by the time the words “irretrievably broken” appear in their divorce paperwork, they have already spent plenty of time thinking about whether the relationship can be repaired.
“Irretrievably Broken” Does Not Mean Your Divorce Will Be Simple
There is one more important distinction: agreeing that your marriage is over does not mean you and your spouse suddenly agree about everything else.
You can both agree that the marriage is irretrievably broken and still disagree about property, debts, alimony, parenting arrangements, time-sharing, child support, or other issues.
In other words, deciding that the marriage should end may answer one question, but there can still be plenty of others left to resolve.
You Do Not Have to Prove Your Marriage Was a Failure
The phrase “irretrievably broken” can make divorce sound like someone needs to prove exactly how, when, and why a marriage fell apart. Usually, that is not what it means.
For purposes of obtaining a Florida divorce, the issue generally is not about assigning blame for the end of the relationship; rather, it is about establishing that the marriage cannot reasonably continue. And if you are ready to move forward but are unsure what that means for your particular situation, you do not have to figure out the process by yourself.
If you are thinking about divorce in Florida, we can help you find out whether we are the right fit. Call us at 850-362-7228, or complete the form on our website and we will call you.
Written by Sophia Thephasdin. Reviewed for legal accuracy by Matthew Ausley, Attorney.