What Does It Mean for a Marriage to Be Irretrievably Broken?

By: Jarbath Pena Law Group

If you’re reading this, you’re probably standing at a crossroads. You might feel overwhelmed, uncertain, and scared. Maybe you’ve spent countless sleepless nights asking yourself: Is my marriage really over? Do I even qualify for a divorce in Florida? What if this is just a rough patch? We get it. At the Jarbath Peña Law Group, we’ve worked with people just like you—people grappling with the pain of a failing marriage, feeling stuck, and not knowing what steps to take.

Divorce is a huge decision. It’s not just a legal process; it’s an emotional journey often filled with fear, grief, and confusion. You may not be sure whether your marriage truly qualifies as “over” under the law, or whether there’s even such a thing as “qualifying” for divorce in the first place. But you don’t have to try to figure this out alone. We’re here to help you understand what Florida law says, your options, and how to move forward confidently.

Let’s start with the basics: What are the legal grounds for divorce in Florida?

Florida’s Legal Grounds for Divorce

Florida is a no-fault divorce state, which means you don’t have to prove your spouse did something wrong to get a divorce. Under Florida Statutes Section 61.052, a judge may grant a divorce (also called a “dissolution of marriage”) if you meet one of the following two grounds:

1. The marriage is irretrievably broken, or

2. One of the parties has been adjudged mentally incapacitated for a period of at least three years.

Let’s look briefly at the second one before we dive into what it means to have an irretrievably broken marriage.

Divorce Based on Mental Incapacity

Divorce based on mental incapacity is rare, but it is an option. For this to apply, a judge must have declared your spouse to be mentally incapacitated for three continuous years before you filed your divorce petition.

This route requires medical and legal documentation. You’ll need a copy of the judgment declaring your spouse incapacitated, and the court may appoint a guardian ad litem to represent your spouse during the divorce process.

While valid, this ground is complex, and most people pursue divorce under the irretrievably broken standard.

What Does “Irretrievably Broken” Mean?

Florida law does not provide a strict legal definition for “irretrievably broken.” Instead, the courts rely on the facts of each case to decide whether the marriage is saveable or truly beyond repair.

In plain terms, a marriage is irretrievably broken when one or both spouses believe that the relationship is damaged beyond the point of repair. In other words, at least one spouse believes there’s no chance for the couple to fix things and live together as husband and wife again.

Often, this concept overlaps with the idea of irreconcilable differences—deep, fundamental conflicts or issues that can’t be resolved, even with counseling or time apart.

8 Signs You Might Have an Irretrievably Broken Marriage

Still unsure if your marriage is over? These are some of the most common signs that a Florida court may look at to conclude your marriage is irretrievably broken:

• Lack of intimacy. If physical and emotional closeness has disappeared and you live more like roommates than intimate partners, this can indicate an irreparably broken relationship. This is especially true if attempts to reconnect have gone nowhere.

  
  

• Constant unresolved conflicts. When issues arise and communication breaks down quickly, arguments can remain unresolved and cause festering resentment that increases over time. 

  
  

• Financial issues. Couples must work together to remain financially healthy and solvent. If you constantly fight about money, hide spending habits, or fail to support each other financially, this could indicate irreconcilable differences.

  
  

• Infidelity. If one or both partners have been unfaithful, the infidelity could have irreparably eroded the trust between you.

  
  

• Grown apart. Over time, people change. If you and your spouse no longer share the same dreams, values, recreational interests, or goals for the future—it might be time to part ways. 

  
  

• Domestic violence or emotional abuse. When any form of physical, emotional, or verbal abuse exists in the relationship, you can feel emotionally unsafe, physically unsafe, and disconnected from your spouse.

  
  

• Substance abuse. Ongoing drug or alcohol addiction that disrupts family life can indicate a broken marriage. Multiple failed attempts at sobriety can strengthen this argument.

  
  

• No desire to work on the marriage. No matter what your issues are, if one or both spouses have mentally and emotionally checked out of the marriage, saving it can be impossible.

  
  

If you identify with several of these, you’re not alone—and your marriage may indeed be beyond repair.

What If the Judge Thinks the Marriage Can Be Saved?

Not every divorce case proceeds smoothly. If children are involved or if only one spouse wants a divorce, a judge might decide that the marriage isn’t hopeless just yet. Under Florida law, a judge has several options if they believe the marriage might be salvageable:

• Order counseling. The court can require the couple to attend marital counseling or meet with a psychologist or religious leader.

• Delay the proceedings. The judge can postpone the case for up to three months to give the couple time to reconcile.

• Refer to mediation. In some cases, mediation may be ordered to explore the possibility of resolving conflicts.

  
  

But if, after this pause, it’s still clear that at least one party wants out, the judge will most likely grant the divorce.

FAQs

Do both spouses have to agree that the marriage is irretrievably broken?

No. If one spouse testifies under oath that the marriage is irretrievably broken, the court usually accepts that as sufficient evidence.

Can the court deny my divorce if my spouse doesn’t agree?

Not typically. Unless there are extraordinary circumstances—like young children and a hope of reconciliation—a court will likely grant your divorce even without your spouse’s agreement.

What should I do before filing for divorce in Florida?

You’ll need to meet residency requirements, gather financial information, and be prepared to file a Petition for Dissolution of Marriage. We can help guide you through that process as smoothly and efficiently as possible.

Will I need to go to counseling before getting divorced?

If children are involved or the judge believes reconciliation is possible, they might order counseling. However, the vast majority of the time, it’s not required.

You Don’t Have to Go Through This Alone

If you're asking whether your marriage is irretrievably broken, chances are, something very real is happening in your life—and it’s time to start getting answers. The lawyers of the Jarbath Peña Law Group know how difficult this decision is, and we’re here to help you through it, step by step.

From evaluating whether your marriage meets the legal standard for divorce to negotiating alimony, child support, and a fair parenting plan, our experienced team will support and advocate for you throughout the process.

You don’t have to stay stuck. Let us help you move forward. Contact us today to schedule your initial consultation and take the first step toward a better future.