DeLand Family Law & Criminal Defense Attorneys
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Irrevocably Broken Marriage

What is counted as valid proof that a marriage is "irrevocably broken"?
- JMN, Florida

Answer

Thank you for your question.

In Florida the term "irretrievably broken" is the phrase that is used more often than not in a Petition for Dissolution (Divorce) as the basis for their desire to move forward with a divorce. In other words, the person seeking a divorce will claim that the marriage is irretrievably broken instead of citing to the more specific reasons suchs as infidelity, financial issues, or many various other reasons people want to divorce.

In Florida the Courts generally do not demand to know the basis and will almost always grant the divorce even if one spouse does not want it. Some people refer to this as Florida being a "No Fault" State when it comes to grounds for divorce. Florida law (F.S. 61.052(2) 1-3) does allow the Court to order counseling and continue the case if one party denies that the marriage is irretrievably broken. However, this is a very rare occurence and if one spouse wants the divorce the court will usually grant that request and allow the divorce to proceed.

I appreciate your question and hope this was helpful.

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Buckmaster & Ellzey

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DeLand, FL 32720

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110 W. Indiana Avenue
Suite 203
Deland, Florida 32720