Wednesday, January 9, 2008

Is Your Marriage Broken?

I have written before on this blog about the difference between the emotional divorce and the legal divorce and how many times they are separate and apart from one another. Because Florida is a no fault state, a couple need only show that their marriage is irretrievably broken and that one or both of the parties has been a resident of the state of Florida for the six months prior to the date of filing. Generally speaking if one party doesn't believe that the marriage is irretrievably broken, the court may order counseling or possibly continue the divorce proceeding for a maximum of three months to enable the parties to reconcile. This allows the parties time to reconcile, or in some cases allows time to insure that the marriage is indeed broken. If you believe that your marriage can be saved, and your spouse has already filed for divorce, upon your statement that the marriage is not broken, the court may order that you obtain marriage counseling which could provide you with some time to determine whether your marriage is indeed irretrievably broken.

1 comment:

Anonymous said...

What if you believe your marriage was irretrievably broken 4 years before the actual petiton was filed (Florida). Can the actual date of the brokeness be "back dated"?