How To Prove A Florida Divorce – No Fault – Irretrievably Broken Claim

 

 

In Florida, a claim of Divorce – No Fault – Irretrievably Broken is defined as:

“Irretrievably Broken” is grounds for divorce. It is a “no-fault” claim in that a spouse seeking a divorce does not need to prove that the other spouse did something wrong or was at fault for the breakdown of the marriage.

It simply means:

To get a divorce, a spouse must prove the other spouse is at fault.

There are 3 elements of the claim:

• Element 1. The marriage can never be fixed, it is “irretrievably broken”. In a no-fault divorce, claiming that a marriage is “irretrievably broken” means that the relationship has permanently deteriorated to the point where reconciliation is impossible, and both partners agree that they can no longer live together as a married couple.
  

  Facts that might support this element look like:

  * The couple has not engaged in meaningful communication for over a year, leading to emotional distance and resentment.
  * Both parties have expressed a desire to separate and have discussed divorce multiple times without resolution.
  * The couple has not participated in couples therapy or any efforts to reconcile in the past two years.
  * There has been a consistent pattern of conflict and disagreement on fundamental issues, such as finances and parenting.
  * One spouse has moved out of the marital home and established an independent living situation, indicating a permanent separation.

• Element 2. The responding party does not deny that the marriage is irretrievably broken. If the responding party denies that the marriage is irretrievably broken, the court may order parties to consult with a qualified professional, continue the proceedings for reconciliation, or take other actions. If one spouse agrees that the marriage can’t be saved, the divorce can proceed, but if they disagree, the court might require them to see a counselor or take steps to try to fix the marriage before moving forward with the divorce.
  

  Facts that might support this element look like:

  * The responding party has expressed a desire to separate and has taken steps to live apart from the other spouse.
  * Both parties have acknowledged ongoing conflicts that have made cohabitation increasingly difficult and strained.
  * The responding party has stated in previous discussions that they believe the marriage cannot be repaired.
  * The couple has sought counseling but has not made progress toward reconciliation, indicating a lack of commitment to the marriage.
  * The responding party has not contested the filing for divorce, suggesting an acceptance of the marriage’s end.

• Element 3. There is no minor child of the marriage. If there is a minor child, the court may order parties to consult with a qualified professional, continue the proceedings for reconciliation, or take other actions. In a no-fault divorce where the marriage is irretrievably broken and there are no minor children, the court can proceed without additional steps, but if there are children, it may require the couple to seek professional help or pause the process for reconciliation efforts.
  

  Facts that might support this element look like:

  * The parties have no biological or adopted children together, confirming the absence of any minor child of the marriage.
  * Both parties have agreed in writing that they do not have any minor children from their relationship.
  * During the divorce proceedings, both parties testified under oath that they have no children under the age of 18.
  * The couple has been married for over ten years and has no children, as evidenced by their family records.
  * The parties have consistently stated in court documents that they do not have any dependents or minor children.

^{(See Florida Statute § 61.053. Ryan v. Ryan, 277 So. 2d 266 – Fla: Supreme Court 1973. Riley v. Riley, 271 So. 2d 181 – Fla: Dist. Court of Appeals, 1st Dist. 1972. Goldberg v. Goldberg, 643 So. 2d 656 – Fla: Dist. Court of Appeals, 4th Dist. 1994.)}
If you’re in court without a lawyer and plan to assert a claim of Divorce – No Fault – Irretrievably Broken, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your divorce effectively.

Prove Your FL Divorce – No Fault – Irretrievably Broken Claim

U.S. Civil Cases Only