When the parties to a marriage believe that a marriage is over or “irretrievably broken”, there is no issue as to whether the divorce should take place. Irretrievably broken means that there is no hope of fixing the marriage. As long as one party to the marriage believes it is broken beyond repair, a dissolution of the marriage will ultimately happen. A broken marriage, however, CAN be fixed by a divorce, it seems. Well technically, the relationship is fixed, but the marriage will have ended. I recently came across an article about couples remarrying after divorce. You can read the article, (“Why Do Divorced Couple Remarry” by clicking here.) There are no available statistics that explain the exact number, but it does happen. The article generally credits remarriage of divorced couples to the healing power of time apart. People have the chance to forgive, to try new things or relationships, and also realize that the problems were not necessarily the people themselves—marriage is simply hard. I personally know of a woman whose parents were married to each other on three separate occasions.
A divorce does not have to go through completely before any benefit can be gained from filing for dissolution. As a Jacksonville divorce lawyer, I have come across several cases where the filing of the divorce paperwork itself helps to save a marriage. Mostly, it is the wife that will file for divorce and have it act as a huge wake-up call for the husband. Although, I have seen it go both ways, however. I imagine that the filing of the divorce petition shows the other spouse that there is a serious problem that needs addressing.
Where the spouse that is served with divorce papers does not believe that the marriage is broken and he or she wants to throw the marriage one last life line and try to save, Florida law allows that spouse to deny that the marriage is irretrievably broken and request marriage counseling. The judge presiding over the divorce case has the power to order the couple in into counseling and put the marriage on hold, if the judge chooses. After counseling, assuming one of them still wants to move forward with the divorce, it will ultimately happen anyway.
As troublesome as it is to watch a couple that has been together for ten (10), twenty (20), or even thirty (30) years or more call it quits on their relationship, sometimes it seems that splitting up is required to heal one or both of the individuals. As a divorce and family lawyer, I’ve talked with many, many people regarding the breakdown of their marriages. The reasons may vary, but the overall theme goes back to happiness. Much of what leads to unhappiness can be simple as people failing to talk to each other. Failure to forgive is high on the list, as well. One of the craziest concepts I’ve heard as a divorce lawyer is where one person is angry over something that he or she has never let the other person know is hurtful.
There is nothing under Florida law that will stop parties from remarrying each other. Once a divorce decree is signed by the judge, either person is free to marry. Even if they want to marry each other again, they are free to do it. One issue that comes up sometimes is the situation where a prenuptial agreement is signed prior to the first marriage. The parties then divorce and remarry each other. The question is whether the prenuptial agreement applies to the second marriage. Most of the couples that end up remarrying are further along in life and have grown up together, but grow apart later in life. Couples that have lived longer usually have more property to divide, typically. It is important for people in this type of situation to seek legal advice from a Jacksonville divorce lawyer so that they can be advised regarding how the law applies to their specific situation. The terms contained in a premarital or prenuptial agreement may vary from couple to couple, depending on who drafted the agreement. In general though, a single agreement will not follow a couple and hold through multiple marriages.
For more information and help with your case, call the Law Office of David M. Goldman, PLLC today. We have experienced Jacksonville divorce lawyers and family lawyers that can help. Initial consultations are free.