Even though many people know that not all marriages last, most couples get married with the hope that their relationship will last a lifetime. Florida’s marriage and divorce rates have changed over the years, but it is still very common for one spouse to want a divorce and the other to want to stay married.
If your spouse has filed for divorce and you don’t want the marriage to end, you must be thinking about whether you can stop the divorce from moving forward. Knowing how Florida divorce law works can help you know what you can actually expect.
So, can you stop a divorce in Florida? A short answer is: Not Really.
If one spouse is determined to get a divorce and the other doesn’t want the marriage to end, the divorce can be delayed for a while. However, in most cases, you cannot stop it. That’s because Florida is a no-fault divorce state. If one spouse believes that the marriage is irretrievably broken, the court can grant the divorce even if the other spouse disagrees. The other spouse can slow down the process, but they cannot prevent the divorce from being finalized.
The No-Fault Divorce Principle in Florida.
According to Florida Statute section 61.052, the only ground for dissolution of marriage is that the marriage is “irretrievably broken.” Florida follows a no-fault divorce system. It means that neither spouse has to prove what the other has done wrong to get a divorce. They do not have to prove adultery, abandonment, or cruelty. Florida also does not require spouses to live apart for a certain period of time before filing for divorce. However, the state does have a 20-day waiting period. It is known as a “cooling-off period.” It means the court cannot finalize a divorce until at least 20 days after a divorce petition is filed. However, the waiting period cannot prevent either spouse from filing for divorce or moving the case forward. Under Florida law, there are only two legal requirements to get a divorce.
- The marriage is irretrievably broken. It means there is no reason to save the marriage.
- One spouse has been legally declared mentally incapacitated for about three years before the divorce is filed.
In most cases, the person who files the divorce states that the marriage is irretrievably broken. Because Florida is a no-fault state, the other spouse cannot get the divorce simply by not agreeing to it.
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What If You Believe That the Marriage Can Still Be Saved?
Sometimes, one spouse believes there is a possibility that the marriage can still work even after the other has filed for divorce. In Florida, it usually doesn’t stop the divorce, but it can affect how the case moves forward.
When someone files for divorce, they usually state that the marriage is irretrievably broken. It means there is no reasonable chance of reconciliation. If the other spouse agrees to it or does not dispute the claim, the court can proceed with the divorce decision.
However, if a spouse says that the marriage is not irretrievably broken or that there are minor children, the court can step in before granting a divorce.
Here is How to Make Divorce Easier on Your Children: Co-Parenting Tips That Work.
Depending on the situation, the judge can:
- Order either or both spouses to book an appointment with a marriage counselor, psychiatrist, religious advisor, or another qualified professional.
- Delay the divorce temporarily to give the couple an opportunity to reconcile.
- Take any other action the court thinks is in the best interest of the spouses and their minor children (if involved).
If the court decides to delay the case for reconciliation, the postponement is generally limited to no more than three months. Even if you take these steps, they usually delay the case but do not prevent it. If one spouse continues to maintain that the marriage is irretrievably broken even after the waiting period, the court can proceed with the divorce.
What If Both Spouses Want to Try Again?
If both spouses decide they want to work on the marriage, they have options. They can ask the court to pause the divorce proceedings while they work on reconciliation. It lets the case remain on hold, and they see if they can resolve their differences. The spouse who filed for divorce can also ask the court to voluntarily dismiss the case. If both spouses filed separate divorce petitions, they can each dismiss their own case.
It is important to know that a divorce case can only be paused or dismissed if the spouse who files it agrees. One spouse cannot stop or pause the divorce on their own if the other wants to continue. If the couple later decides that reconciliation is not working, either spouse can file for divorce again.
How Does It Work In Real Life?
Florida law allows a spouse to argue that the marriage is not irretrievably broken. However, it does not happen very frequently. One reason is that it rarely changes the outcome. If one spouse is determined to end the marriage, Florida courts will not force them to stay married.
If a spouse denies that the marriage is irretrievably broken, the court can schedule a hearing to consider if there is a chance of reconciliation. It can be an emotional and uncomfortable process, as both spouses need to explain their positions to the judge.
In most cases, the spouse looking to get a divorce will argue that it is not possible to save the marriage, and the other spouse is trying to delay the proceedings. Even if the court postpones the case to allow time for reconciliation, the divorce can move forward if one spouse continues to believe that the marriage is over.
Let Our Attorney Help.
Because Florida is a no-fault divorce state, it can be difficult to stop a divorce if your spouse wants to end the marriage. In most cases, stating that the marriage is irretrievably broken is enough for the court to grant the divorce. However, there are situations in which the court can temporarily delay the case.
Those situations can include cases where one spouse disputes that the marriage is over or that the couple has minor children. These delays do not prevent the divorce from moving forward. Instead, if one spouse continues to pursue a divorce, the court will generally proceed with the case.
The only way to stop the divorce is if both spouses decide to reconcile and agree to pause or dismiss the case. If you need any help during your divorce process, our experienced law attorneys at Affordable Divorce Center can help.
