What It Means for a Marriage to Be Irretrievably Broken
Divorce is a stark reality among many couples in the United States. Couples dissolve their union when they feel they will fare better outside of the marriage. Therefore, an irretrievably broken marriage is a union where both or either party claims the relationship must end in divorce because there is no solution to their crisis.
Many believe divorce in Florida will be straightforward because it is a no-fault divorce state. No one needs to explain the reason why they seek divorce; you do not need to prove abandonment, infidelity, abuse, or any other reason for the authorities to sanction your divorce.
While this notion is true to an extent, you and your spouse must agree to the divorce, or a party must prove the marriage’s “irretrievable brokenness” for the divorce to succeed.
When filing for divorce, you must list a statement as the purpose of divorce. If you lack a specific reason for the divorce, like abandonment or infidelity, you can simply adduce “irretrievably broken” as the reason for the dissolution.
While the process appears straightforward, you can encounter other unanticipated issues that may elongate the process.
This article considers the crucial issues of an irretrievably broken marriage in Florida:
When the Couple Agrees That the Marriage Is Irretrievably Broken When Filing for Divorce
When you want to file for divorce in Florida, the petition for dissolution demands a statement on why you want to end the union. You do not necessarily need to prove an “irretrievably broken” or similar statement in a simple divorce matter.
The process is straightforward if you agree with your spouse that the union has irretrievably broken and settle other issues amicably, and the marriage has no kids. The courts will consent to your statement and endorse the dissolution.
However, some nuances, like the alimony you or your partner seek, can spring up. If you agree to the marriage’s irretrievable brokenness but cannot agree on the issues surrounding it, the court will need to step in and decide these issues for you. These issues include child custody, division of assets and liabilities, and sharing of property.
You need the expertise of a divorce attorney to advocate your cause and ensure the other party does not shortchange you concerning assets, liabilities, and custody.
When a Spouse Challenges the “Irretrievable Brokenness” Divorce Ground
The process becomes further complicated when your spouse challenges the assertion that the union is irretrievably broken. Then, the burden of proof shifts to you to establish that the marriage has defied all solutions.
Thus, despite Florida being a no-fault state, there are still instances where a spouse must establish their partner engaged in acts that irretrievably broke down the marriage. Such acts include:
Emotional or physical abuse with evidence to show that the marriage is no longer safe for you
Evidence of your spouse’s mental incapacitation for three or more years before the divorce process
Abandonment (physical or financial) for a minimum of six months before filing for dissolution
Proof of infidelity or adultery
Who Has the Authority to Pronounce a Marriage “Irretrievably Broken”?
The irretrievably broken statement will stand in court if you and your partner agree that the union is irredeemable. However, if your partner contests the assertion, you must prove it in court for the jury to pronounce it.
If the argument lingers and looks directionless, the court will order the couple to attend marriage counseling with a trained expert. This process will help you figure out your differences.
This order can delay the divorce process for three months. During the three-month delay, the court may order a spouse to pay child support and alimony. If you cannot reconcile after the counseling, even if your partner still challenges your assertion, the court may pronounce the marriage as truly irretrievably broken.
“There may be multiple hearings for the mediator or judge to sort issues surrounding custody, assets, and liabilities,” says family law attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm.
What Transpires After Pronouncing a Marriage “Irretrievably Broken”?
After the hearings, the court will provide the final settlement document to signify the union’s dissolution. Another name for this document is “divorce decree.” It formally lists the information that the court hashed out during the proceedings.
Sometimes, couples can agree on this divorce decree amicably.
Conversely, even if the court decides your marriage is irretrievably broken, a judge might need to write the decree on behalf of you and your spouse based on the evidence you present at the hearings.
Final Thoughts
Divorce is naturally stressful, so you should consider engaging a family law attorney to guide you. Your lawyer will ensure the other party does not exploit you.
The post What It Means for a Marriage to Be Irretrievably Broken appeared first on Vanguard News.
