What Do I Have To Say When My Florida Divorce Judge Asks Why My Marriage Is Irretrievably Broken?

Florida is a “No-Fault” divorce state. All that you have to prove is that your marriage is irretrievably broken. That simply means that it is broken and can’t be fixed.

Until forty-five years ago, you had to prove that that there had been adultery, abandonment, physical abuse or mental cruelty. The process is greatly simplified since the new standard was placed in effect.

After your family law attorney asks you if the marriage is irretrievably broken, you will be asked, “Why?” The answer does not need to be complicated. Most people just say something like, “We have grown apart and I have determined that even marriage counseling will not bring us back together.”

Some years back, I was preparing a client for the final hearing and we were discussing what his testimony would be as to why the marriage was broken. He had the most justifiable reason that I had ever heard. His wife worked in the criminal justice system and had met and fallen in love with a serial killer. The judge was pretty quick to acknowledge that he had a sufficient reason to believe that his marriage could not be fixed.

Bottom line: Your spouse doesn’t have to be a serial killer in order to prove that you are entitled to a Florida divorce.