Woman taking off wedding ring with her husband in the background

Can I Get Divorced Without My Spouse Agreeing to It?

Divorce is tough enough even when you and your spouse are on the same page. There is no avoiding the fact that it is a big life change regardless of when you both know it is the best path going forward. When you have decided to get a divorce, but your spouse does not agree with this decision, things can get exponentially more stressful. Do not worry. Information can be key to diffusing and managing your stress throughout the divorce process. Here is what you need to know about getting divorced in Florida when your spouse does not agree to it.

Can I Get Divorced Without My Spouse Agreeing to It?

Once you decide to get a divorce, it is likely that you want things to move as quickly as possible. Being confronted with a spouse who does not want to or flat out refuses to sign the divorce papers can be frustrating, to say the least, and leave you wondering what your next move needs to be. Fortunately, you can rest easy knowing that, in Florida, you can get a divorce even if the other party refuses to sign the divorce papers.

As a no-fault state, you do not need to prove fault on the part of a spouse in order to get divorced. All you need to assert is that the marriage is irretrievably broken. It is fully possible for a spouse to unilaterally seek a divorce. If your spouse refuses to sign the divorce papers, a default will be entered and divorce proceedings will move forward. To begin the divorce process, you must complete and file a Petition for Dissolution of Marriage with the appropriate court. Once the petition is filed, a process server will deliver a copy of it to your spouse. Your spouse has the option to respond to the petition and, if they don’t, the court can enter a default against them.

While you can still get a divorce even if your spouse refuses to sign the divorce papers, you must be prepared to confront certain other hardships that can come with divorcing an uncooperative party. In a divorce where spouses are mutually agreeable to the process and can discuss important issues such as division of marital assets and child custody issues in an amicable way, things often proceed in a smoother, timelier fashion. A spouse refusing to sign the divorce papers does not necessarily bode well for a cooperative divorce process. Be prepared for that.

Florida Family Law Attorneys

Sure, amicable divorces are most always preferred to contentious ones. However, it is no wonder that some divorces can start contentious or quickly turn contentious. Know that the dedicated divorce team at Bernal-Mora & Nickolaou is here to help you through whatever the winding road of divorce proceedings throws your way. Storms may creep in and we will weather them together. Contact us today.

Andrew Nickolaou

Andrew Nickolaou, Esq., B.C.S., is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew also handles record expungements and sealings. If you have questions about this article, contact Andrew today by clicking here.