Michael. A Lebron | September 7, 2026 | Divorce near Kissimmee, FL
When a marriage is irretrievably broken, it generally means the relationship has reached a point where it cannot be repaired. In Florida, an irretrievably broken marriage is one of the grounds that can support a divorce, which Florida law calls a dissolution of marriage.
A spouse does not generally have to prove adultery, abandonment, or another form of marital wrongdoing to establish this ground. However, ending the marriage is only one part of the divorce process. Spouses may still need to resolve important issues involving their finances, property, and children.
What Does “Irretrievably Broken” Mean Under Florida Law?
Under Florida Statute § 61.052, a court may grant a dissolution of marriage when the marriage is irretrievably broken. In practical terms, this means the marital relationship cannot be repaired and at least one spouse believes the marriage should end.
Florida is commonly described as a no-fault divorce state. A spouse seeking a divorce generally does not have to prove that the other spouse caused the marriage to fail.
This can make the legal reason for requesting a divorce simpler, but it does not mean every divorce will be easy or uncontested. Spouses may still disagree about many of the issues that must be resolved before the divorce is complete.
Do Both Spouses Have to Agree That the Marriage Is Over?
No. One spouse can seek a divorce even if the other spouse does not want the marriage to end. When one spouse denies that the marriage is irretrievably broken, however, Florida law gives the court certain options.
When there is a minor child of the marriage or one spouse disputes that the marriage is irretrievably broken, the court may continue the case for up to three months to allow the spouses to attempt reconciliation. The court may also order counseling or take other action permitted by Florida law.
A spouse generally cannot prevent a divorce forever simply by refusing to agree that the marriage should end.
What Issues Must Be Resolved During a Florida Divorce?
Showing that a marriage is irretrievably broken does not resolve the financial and family issues involved in a divorce.
Depending on the circumstances, spouses may need to address:
- Division of marital assets and debts
- Alimony
- Child support
- Shared parental responsibility
- A parenting plan
- Timesharing
- Other financial matters
Some spouses can reach agreements on these issues without a trial. When they cannot agree, the court may need to decide disputed matters under Florida law.
Does Marital Misconduct Matter in a No-Fault Divorce?
A spouse generally does not have to prove misconduct to obtain a Florida divorce based on an irretrievably broken marriage. However, conduct during a marriage can sometimes become relevant to other issues in the case.
For example, Florida law allows a court to consider adultery and any resulting economic impact when determining the amount of alimony, if any, to be awarded. Conduct may also matter when deciding issues involving children if it affects their best interests.
When parents divorce, Florida courts address decision-making through parental responsibility and determine Timesharing through a parenting plan. The best interests of the child are the primary consideration when the court makes these decisions.
What Happens After a Spouse Files for Divorce?
Filing a petition starts the legal divorce process. The other spouse must generally receive formal notice and have an opportunity to respond.
The spouses may exchange financial information and attempt to reach agreements about property, support, shared parental responsibility, timesharing, and other disputed matters. If they reach an acceptable agreement, the case may be resolved without a trial.
If important issues remain disputed, the court may hold hearings or a trial before entering a final judgment. The exact process and timeline depend on the circumstances of the divorce.
Contact the Kissimmee Divorce Lawyers at Lebron Law, PLLC for Help Today
Deciding that your marriage cannot be repaired can be difficult. Understanding what “irretrievably broken” means can help you know what to expect when beginning the Florida divorce process.
Lebron Law, PLLC helps clients address the legal and financial issues that can arise when a marriage ends. Our Kissimmee divorce attorneys can explain your options and help you determine your next steps. Contact us today.
We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:
Lebron Law, PLLC Kissimmee
15 S Orlando Ave, Kissimmee, FL 34741
(321) 800-5195
