What Does ‘Irretrievably Broken’ Mean During Divorce?
In other states, a married spouse can file for divorce on the grounds of adultery, cruelty, abandonment, and other wrongdoing. This is not the case in Florida. There are only two grounds for divorce in The Sunshine State. These are mental incapacitation of one spouse for at least three years, or a marriage that is irretrievably broken.
Filing on the grounds of an irretrievably broken marriage is a no-fault option. This means spouses do not have to accuse their partner of wrongdoing and they do not have to prove their spouse is to blame for the divorce. However, many people are unclear about what the term ‘irretrievably broken’ really means. Below, our Tampa divorce attorney explains in greater detail.
What is the Definition of ‘Irretrievably Broken?’
The Florida Statutes do not provide a clear definition of the term ‘irretrievably broken.’ Essentially, the terms simply means that there has been a breakdown in the marital relationship and that it has been irreparably damaged. There are many examples that could prove a marriage is irretrievably broken, including:
- Lack of communication
- Adultery
- Loss of intimacy
- Excessive arguing
- Physical, emotional, or sexual abuse
- Disputes regarding religion, finances, and other important issues
- Disputes regarding relocation or careers
- Loss of trust in a spouse
- Disputes about whether to have children
Do Spouses Have to Agree to a No-Fault Divorce?
No, spouses in Florida do not have to agree that their marriage is irretrievably broken. If one spouse wants to file for divorce using those grounds, the other party cannot stop the divorce from proceeding.
While a spouse cannot stop divorce proceedings after their partner files, they can disagree with the terms of the divorce, such as alimony, property division, and child custody. After one spouse files for divorce, they must serve the paperwork to their spouse. This includes the summons and the divorce petition. After being served, the spouse has 20 days to respond. Within their response, they can dispute the terms the filing spouse is pursuing.
If a spouse does not respond to the divorce papers in the required time, the other party may be able to obtain a default judgment. This means that they will not have the opportunity to tell their side of the story or dispute the terms of the divorce.
Regardless of whether you are filing for divorce, or you have just been served with papers, it is critical to speak to a Tampa divorce attorney who can protect your rights.
Our Divorce Attorneys in Tampa Can Guide You Through the Process
At All Family Law Group, P.A., our Tampa divorce attorneys can advise you on the divorce laws in Florida, advise you on the steps involved in the process, and guide you through it so it is as easy as possible for you. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help with your case. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
