What does “irretrieveably broken” marriage really mean?

Hot Topics in Divorce Blog

By Robin Roshkind, Esquire, West Palm Beach, Florida

Since Florida is a “no fault” state, you only need to meet two criteria to get divorced here:  6 month residency and to declare under oath that the marriage is “irretrieveably broken”.

What exactly does that mean?  It means that you and your spouse have tried everything possible to mend the marriage and that nothing can put it back together.  At final hearings, even if the divorce is uncontested, the judge will always ask if the marriage is irretrieveably broken.  Without your testimony that it is,  the judge may deny the divorce and order the husband and wife to marriage counseling, or individual therapy, anger management classes, parenting classes and the like. 

Sometimes couples take years to try to mend a marriage.  Sometimes just one or two visits to a marriage counselor.  However you try to do it, if the marriage is forever broken and…

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