What is irretrievable breakdown of marriage Florida? Florida Statute 61.052(1)(a-b) states that a final judgment for divorce / dissolution of marriage may be granted when there is proven mental incapacity of one of the parties, or when the marriage is “irretrievably broken”. An irretrievably broken marriage in Florida is a marriage where one spouse, or both spouses believe the marriage cannot be saved and should end. This is a broad standard, much like irreconcilable differences, where there is no one absolute definition. This nebulous standard leads to a lot of misunderstandings and confusion. Call the Jacobs Law Firm, divorce attorney Orlando, Orlando uncontested divorce attorney, and we will provide you with some guidance. Dial 407-335-8113.
What is Irretrievable Breakdown of Marriage Florida?
An irretrievably broken marriage in Florida might mean there is marital infidelity and one spouse is in love with another person. It could mean that financial troubles have cause the marriage to collapse. From a different perspective, perhaps one spouse is an absentee parent and the primary parent demands a greater commitment to mutually raising the children and that renewed commitment is not occurring. Marriages have no guarantees or warrants of success. They require constant teamwork and sensitivity and understanding. Has Covid 19 been an issue or a concern for your family as you are going through your family law case?
In order to satisfy the minimum requirement in a petition for dissolution of marriage in our State, the petitioner must allege that there is an irretrievably broken marriage in Florida. This signals to the family law circuit court judge that the marriage cannot be salvaged and the court should ultimately grant the litigants a divorce.
Infrequently , out of an abundance of caution, certain family law judges will ask the parties if their marriage can be saved. This may include a mention of marriage counseling. However, this sort of remedy is generally made available when there is a child involved in the divorce action. The Statute provides that:
“(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or [in theory, a mental health professional may be able to circumvent or relieve the stress of the irretrievable breakdown of marriage Florida]
2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; [90 days can feel like the blink of an eye or like a long time for healing] or
3. Take such other action as may be in the best interest of the parties and the minor child of the marriage. [this is another catch-all standard].
If you are involved in an irretrievably broken marriage in Florida, call Attorney Jonathan Jacobs for the help and guidance you need at 407-335-8113.