The good news is that if you want a divorce but your spouse does not, your spouse cannot prevent you from filing a petition and ending the marriage. The bad news is that your spouse’s refusal to cooperate can make the process more complex, so it will become essential to follow requirements very carefully.
In Florida, divorces are granted on a “no-fault” basis, and that means that there is no need to prove that the other spouse acted wrongfully in any way. You simply need to assert that the marriage is broken and cannot be repaired. Even if the other spouse insists the marriage can be reconciled, if one spouse says the break is irretrievable, that provides grounds for divorce.
Here, we review what happens when one spouse disagrees with the decision to divorce and how you can protect your rights and peace of mind to obtain a divorce on your terms.
What if My Spouse Doesn’t Agree?
One spouse’s disagreement won’t stop the divorce process, but how you complete it will vary depending on the source of the disagreement. Does the spouse object to the whole concept of getting a divorce, or do they object to the terms proposed for the divorce? Those are two very different issues, and you handle them differently.
In both cases, the spouse’s objections can delay proceedings to a degree, but rest assured—your spouse cannot completely block the divorce process no matter how hard they try. When you work with a divorce lawyer who takes a client-centered approach to family law matters, your attorney may be able to convince your spouse to accept the inevitable and move forward cooperatively. But even if negotiations fail, the process can still move forward.
What if My Spouse Refuses to Sign the Divorce Papers?
Refusal to sign papers or participate in the divorce process will not stop the divorce from happening. In a typical situation, one spouse’s attorney files a divorce petition, and the papers are formally delivered to the other spouse. In legal terms, this delivery process is called service. When a spouse is served with divorce papers, the documents explain that the served spouse has 20 days to file a legal response known as an answer. If the spouse served with papers does not respond within the time allowed by law, then the spouse who filed the petition can ask the court to approve a Motion for Default. It is essential to ensure that service of process requirements have been followed and documented to show the court that the other spouse had the opportunity to respond and chose not to. If service was faulty in any way, the other spouse can use that as grounds to contest everything later.
Once the court approves the Motion for Default, then the divorce process can continue based on the information provided by the spouse petitioning for the divorce without input from the other spouse. The court will still evaluate the information presented to ensure that it is reasonable and follows legal guidelines, so a default does not automatically guarantee that the petitioning spouse will get everything they want from the divorce. But when a spouse refuses to participate in the divorce process, they are likely to be very dissatisfied with the results.
What Happens if My Spouse Fights the Divorce?
If your spouse claims that your marriage is not irretrievably broken, it is possible that the judge could pause the case for counseling or a reconciliation period. That would delay the process. However, if you continue to assert that the marriage is over and reconciliation is not possible, then the court will find the marriage to be irretrievably broken so that divorce can be granted.
FAQs About What Happens When a Spouse Disagrees with a Divorce
How long can my spouse delay the divorce if they deny that the marriage is irretrievably broken?
Section 61.052 of the Florida Statutes allows for a case to be continued for a “reasonable time” of no more than three months to give the parties the chance to reconcile. If there is a minor child, the court can take whatever actions it deems in the child’s best interests, which could allow longer delays. Extenuating circumstances could also further delay proceedings.
What happens to our property if my spouse won’t participate in the divorce process?
Florida law requires marital property to be distributed equitably regardless of whether both parties participate in the divorce process. Section 61.075 of the Florida Statutes specifies that the distribution starts with the premise that the distribution will be equal, and then adjustments are made for a variety of factors to achieve an arrangement that is “equitable.”
What happens when a spouse objects to the terms proposed for a divorce?
When a spouse doesn’t object to the divorce itself but does object to the terms proposed, then the divorce is considered to be a contested divorce. Disagreements commonly involve issues such as:
- How property and debts are classified
- How marital property and debts are divided
- Plans for the marital home
- Custody and visitation plans
- Whether one spouse will pay alimony and the amount of alimony
- Child support amounts
The attorneys for each spouse may use a variety of approaches to try to reach an agreement on these issues. Ultimately, if the spouses continue to disagree on one or more issues, a judge will make the final decisions. The longer it takes to resolve the conflicts, the longer (and more expensive) the divorce process becomes.
Leap Frog Divorce Works Effectively to Resolve Stalemates in Divorce
Although your spouse’s denial of the need for divorce can be frustrating, the root cause can be a myriad of things, such as the need to control, the desire to preserve the status quo, or the belief the marriage can be saved with hard work and counseling.
By acknowledging the emotions that often drive the divorce process, the team at Leap Frog Divorce can often move proceedings forward toward a positive result. But if playing nice doesn’t work, we also know how to use legal tools to overcome delaying tactics and keep the process on track so that you can get on with your life.
For a confidential discussion about how we can help you achieve your divorce goals, schedule a consultation online or call us at 407-305-3299.
