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How to prove that your marriage is irretrievably broken

Florida is a no-fault divorce state. And, like most states, when couples enter into a divorce, usually both parties are ready to get the process done and over with as fast as possible.

After all, no one wants to endure more of the divorce process than necessary. But, there are rare instances where a party may not be willing to sign the divorce papers, which means as the party who wants the divorce, you must prove that the marriage is “irretrievably broken.”

What is Irretrievably Broken?

Irretrievably broken is a term used by Florida family courts to determine whether or not a marriage can be fixed. The couple must prove that there is no way the marriage’s issues can be resolved.

If one party contests the divorce, then the other party has the burden of proof to show how the marriage cannot be fixed.

What Constitutes an Irretrievably Broken Marriage?

There are some situations that the Florida courts will accept for a divorce, such as:

  • One party committed adultery; therefore, continuing the union would not be tolerable.
  • One party has acted in a way that makes the union unsafe (emotionally or physically) for the other party.
  • One spouse has abandoned the union or partner for at least six months prior to filing for divorce.
  • Both parties have lived in separate houses (via mutual consent) for at least one year before filing for divorce.
  • Both parties have lived separate for a continuous, long-term period (such as up two years).

Not all of these instances are easy to prove. For example, the claim that the other party has acted in a way that makes the marriage unsafe requires a spouse to prove emotional abuse, inappropriate behavior, etc.

If one spouse committed adultery, then the other spouse must supply the courts with proof of this adultery, especially if the other spouse denies having an affair.

Proving that the two parties have lived in separate residents is much easier since you can supply utility bills and other proof that one spouse lives in a separate location.

How an Attorney Can Help

When you have a contested divorce, you need the assistance of a skilled attorney. The attorneys at Estevez-Pazos Law Firm can help. We understand how frustrating a contested divorce can be and if the burden of proof is on you, you may find yourself in a stressful situation.

Our attorneys can help you gather the evidence needed to prove your case, and ensure that an irretrievably broken claim is accepted by the court.

Contact us today at 305-717-7130  for a no obligation consultation regarding your contested divorce now.

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The Estevez-Pazos Law Firm, P.A.

135 San Lorenzo Avenue, Suite 650
Coral Gables, Florida 33146
Fax: 305-234-7028
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