When the love is gone and a spouse is ready to move on but the other is not, what’s a Miami divorce court to do? Opposing a Florida divorce is possible, although it may not stop what is inevitable.
If there are minor children born of the marriage or the respondent in the case denies that the marriage is irretrievably broken, a Miami divorce judge is authorized to:
1. Order the parties to attend counseling;
2. Pause the case for no more than 3 months to allow the spouses time to try to reconcile on their own; or
3. Take any other action the court thinks may be in the best interest of the parties and their minor child(ren).
If the court decides to pause the case, the judge may enter orders that preserve the status quo, meaning ordering that alimony be paid, establishing a temporary parenting plan, preserving marital property, etc. If the court ultimately finds that the marriage is irretrievably broken, it must deny the petition for dissolution of marriage.
What would it take for a court to decide a marriage is not irretrievably broken? Since this term is open to interpretation, the answer likely depends on how the judge views the specific facts of a case. Ultimately, however, it takes two willing participants to keep a marriage together, so divorce may be inevitable if one spouse is not willing to budge.
Contact Streets Law for a consultation regarding your Miami divorce rights.