Florida is a no-fault divorce state, which means that the person suing for divorce does not have to prove that his or her spouse did anything wrong in order to be granted a divorce. Florida's no-fault divorce law mandates that the judge make a finding based on evidence that the marriage cannot be saved. If the judge finds that the marriage cannot be saved, he or she will enter an order granting the divorce.
When One Spouse does not Want to get Divorced
When the petitioner files for divorce under Florida law and states as his or her ground for divorce that the marriage is irretrievably broken, the other spouse has 20 days to file an answer admitting or denying the allegation. If the respondent denies that the marriage is irretrievably broken, the court has several options. If the responding party believes the marriage is not over, the court may:
- Order either or both parties to some type of approved secular or religious counseling.
- Delay ruling on the divorce petition for a reasonable period of time not to exceed three months to give the parties time to reconcile.
- Take any other action the court decides would be in the best interest of the parties.
Reconciliation as a Defense to Divorce
Actual reconciliation or an honest intent to reconcile are defenses to a claim that the marriage is irretrievably broken. However, if the responding party claims that he or she believes the marriage can be saved, the divorce court has limited options under Florida divorce law. The court can put off the divorce proceedings for a while to allow the parties to get counseling and to try to reconcile.
The divorce proceedings cannot be delayed longer than three months if one party still claims the marriage cannot be saved, though. If one party still wants the divorce, and if the court finds that the denial of a divorce would only perpetuate a relationship that is truly broken, the court will grant the divorce.
Pros and Cons of Florida No-fault Divorce
On the one hand, the procedure for a contested no-fault divorce allows the party who believes the marriage is over to ultimately be free of the marriage. In other words, the reluctant spouse cannot refuse to "give" the other party a divorce and cannot delay the divorce proceedings indefinitely by simply claiming the marriage can be fixed or that he or she does not want to get divorced.
On the other hand, the process effectively delays the inevitable for both parties. Although there is always a possibility that a delay and counseling could bring about a reconciliation, the reality is that if one party believes the marriage is over and wants to divorce, the judge will ultimately grant the divorce.
Florida Divorce Attorneys
Divorces may be contested for many different reasons, and a belief on the part of the respondent that the marriage is not over is only one of them. Other issues may include contested property, child custody, child support and spousal support matters. Anyone facing a divorce should consult with a licensed divorce attorney for advice on how to proceed.
Sources: Chapter 61, Florida Statutes (2009); Florida Family Law Rules of Procedure
Additional Resources: How to Get a Quick Divorce in Florida; How to Hire an Attorney
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