The experience of going through divorce can be overwhelming. Not only is it likely to be an emotional time, but it’s also a technically complex one. It can be hard to just grasp the fundamental details of the process.
One question that can cause confusion is whether the marriage is “irretrievably broken.” T This standard is key to the divorce.
Understanding irretrievable breakdown
Florida courts will dissolve a marriage on one of two conditions. First, that the marriage is irretrievably broken. Second, that one of the spouses is mentally incapacitated.
There are a number of ways to prove that a marriage is irretrievably broken, but in most cases, the spouses agree on that point. This means that the divorce is uncontested.
If there is a minor child or one spouse denies that the marriage is irretrievably broken, the court has three options.
First, it can order one or both spouses to discuss the matter with a person deemed qualified in counseling others. It can be a psychologist, a marriage counselor, a psychiatrist or a religious leader.
Second, it can continue the case for up to three months to give the parties a chance to reconcile.
Third, it can consider other options that will be in the parties’ best interests as well as the best interest of the minor child. If the court does agree that the marriage is irretrievably broken, then it will grant the dissolution.
When it does not believe that this is the case, it can deny the petition.
Legal help is important in divorce
As a divorce proceeds, people are naturally going to think about such weighty financial and personal factors as alimony, child support, child custody, parenting plans and property division. However, getting the divorce itself is not automatic.
When the reason for the divorce is that it is irretrievably broken, there are specific requirements even for that relatively simple justification. Understanding them and knowing how to end the marriage even if it is not granted immediately is key to reaching the desired outcome. Since family law cases can be complicated, it is imperative to have professional assistance to end the marriage and move on.