Can You Get a Divorce Without the Other Person Signing in Florida?

Divorce can be a complicated and emotionally charged process, especially when one spouse refuses to participate or sign the necessary documents. In Florida, however, you can still obtain a divorce even if the other spouse does not agree to it or refuses to sign. 

Florida is a no-fault divorce state, which means that as long as one party believes the marriage is irretrievably broken, the court can grant the divorce with or without the other spouse’s cooperation. Choose an experienced Florida family law attorney to receive dedicated legal assistance during a divorce. 

Florida’s No-Fault Divorce Laws

Florida law does not require both spouses to consent to a divorce. Under Florida Statutes § 61.052, a spouse can file for divorce by stating that the marriage is "irretrievably broken" or, in rare cases, that one spouse has been legally incapacitated for at least three years.

Since mutual agreement is not required, the court will proceed with the case even if one spouse refuses to participate, leading to a default divorce.

What Happens If a Spouse Refuses to Sign Divorce Papers?

If one spouse refuses to sign or respond to the divorce petition, the following process applies:

Filing for Divorce

The spouse seeking the divorce (the petitioner) files a Petition for Dissolution of Marriage in the appropriate Florida court. The petition must be properly served to the other spouse (the respondent).

Serving the Divorce Papers

Under Florida Family Law Rules of Procedure, the petitioner must serve the divorce papers on the respondent using one of the following methods:

• Personal Service: A sheriff or private process server delivers the papers.
• Constructive Service (Publication): If the respondent cannot be located, service can be done via publication in a local newspaper for four consecutive weeks.

Responding to the Petition

The respondent has 20 days to file an answer with the court. If the respondent:

• Responds: The divorce will proceed as contested or uncontested, depending on whether the parties agree to or dispute any terms.
• Fails to Respond: The petitioner can request a default judgment from the court.

Default Divorce

If the respondent fails to respond within the required time, the petitioner can request a default judgment, allowing the divorce to move forward without the other spouse's participation. The judge may grant the petitioner’s requests regarding property division, alimony, and child custody as long as they comply with Florida law.

Can a Spouse Delay or Stop the Divorce?

While a non-cooperative spouse can delay the process, they cannot stop the divorce indefinitely. Common delaying tactics include:

• Refusing to sign papers – This does not prevent the divorce from proceeding.
• Failing to respond – This results in a default judgment against them.
• Filing unnecessary motions – Courts may recognize bad-faith delays and take action against the obstructing spouse.

In rare cases, if one spouse claims the marriage is not irretrievably broken, the court may order counseling or temporarily delay proceedings. However, courts rarely prevent a divorce if one party insists on it.

Key Considerations in a Default Divorce

Child Custody and Support

Florida courts prioritize the best interests of the child in custody decisions. If the non-participating spouse fails to respond, the petitioner may receive primary custody. However, the court ensures that child support obligations follow Florida’s child support guidelines.

Property Division

Florida follows equitable distribution, meaning the court divides marital assets fairly, though not always equally. If a spouse does not participate, the judge may rule in favor of the petitioner’s requests.

Alimony

The court considers factors like income, marriage duration, and need when determining alimony. If the respondent does not participate, the petitioner’s financial claims may be accepted without potentially a counter from the other spouse.

Finalizing the Divorce Without the Other Spouse

Based on all documents and evidence, once the judge determines the facts, they will issue a Final Judgment of Dissolution of Marriage, officially ending the marriage. Non-responsive spouses cannot later dispute the divorce terms unless they prove fraud or legal misconduct.

Why Should You Get Representation from Our Florida Divorce Attorneys Even if Your Spouse Refuses to Sign

Even if your spouse refuses to sign, it is still prudent to obtain a divorce with legal representation from an experienced Florida divorce and family law attorney. At Veliz Katz Law, our dedicated legal team will guide you through the process and ensure your rights are protected every step of the way.

File for Divorce and Serve Your Spouse

To initiate the divorce process, our attorneys will help you file a Petition for Dissolution of Marriage in the appropriate Florida family court. Once filed, your spouse must be formally served with the divorce papers.

• Personal Service: A sheriff or private process server delivers the divorce papers directly to your spouse.
• Constructive Service: If your spouse cannot be found or is intentionally avoiding service, we can request to serve them through publication in a local newspaper.

Once served, your spouse has 20 days to respond. If they fail to do so, we can request a default judgment, which is the next legal step.

Request a Default Judgment

If your spouse refuses to respond or participate in the divorce process within the 20-day window, we can file a Motion for Default with the court. This allows the judge to proceed with the case without your spouse's involvement, potentially granting your requests regarding property division, alimony, child custody, and support.

Having our attorneys on your side during this process ensures that:

• All necessary legal documents are filed correctly and on time.
• The court is provided with the required evidence to grant a favorable outcome.
• Your spouse cannot later challenge the divorce due to procedural errors.

Protect Your Financial Interests

Even when the responding spouse refuses to participate, the court follows Florida's equitable distribution law to divide marital property fairly. Our legal team will:

• Identify and evaluate all marital assets and debts to ensure a fair distribution.
• Investigate potential hidden assets if your spouse is being uncooperative.
• Negotiate for a favorable division of assets, especially in cases involving high-value property, businesses, or retirement accounts.

Without proper legal representation, you risk losing assets you are entitled to or being held responsible for debts that should be shared.

Ensure Fair Alimony Considerations

Florida courts consider multiple factors when awarding alimony, including:

• The length of the marriage
• Each spouse's financial needs and earning capacity
• Contributions to the marriage, including homemaking and child-rearing

If your spouse refuses to participate, our attorneys will use detailed financial records and expert analysis to build a strong case for fair spousal support.

Seek Child Custody and Support Orders

When minor children are involved, the court prioritizes their best interests in custody and supports decisions. A non-cooperative spouse cannot unilaterally make decisions regarding the children’s living arrangements. Our attorneys will:

• File for temporary custody and support orders to ensure stability for your children.
• Present compelling evidence of your parental fitness and your spouse’s level of involvement.
• Ensure child support calculations comply with Florida guidelines and reflect your child's needs.

Counter Deliberate Delays and Obstruction by Your Spouse

Suppose your spouse actively tries to delay the divorce process by ignoring court orders, not attending a court hearing, or refusing to respond. In that case, we will take legal action to prevent unnecessary delays. This may include:

• Requesting court sanctions against the obstructing spouse
• Filing motions to move the case forward despite non-cooperation
• Ensuring your spouse cannot manipulate the process to gain an unfair advantage

With our legal representation, you will not be left at the mercy of an uncooperative spouse who refuses to sign the divorce papers.

Expedite the Finalization of Your Divorce

Our attorneys will ensure that once all necessary legal requirements are met, the judge can issue a Final Judgment of Dissolution of Marriage as quickly as possible. This legally ends your marriage, granting you the freedom to move forward with your life.

If your spouse later claims they were unaware of the divorce proceedings, we ensure all court documents and service records are adequately maintained to prevent challenges or appeals.

Why Choose Veliz Katz Law?

At Veliz Katz Law, we understand that an uncooperative spouse can make the divorce process feel overwhelming. Our experienced Florida divorce attorneys provide the following:

• Compassionate and strong representation to protect your interests.
• Dedicated legal guidance through each step of the divorce process.
• Strong negotiation and litigation skills to ensure you receive a fair outcome.

With decades of experience handling uncontested and contested divorce cases in Florida, we are prepared to fight for your rights and guide you toward a smoother, faster divorce settlement or resolution.

Get Strong Legal Representation from Our Florida Divorce Lawyers

If your spouse refuses to sign or participate in your divorce, you are not powerless. Florida law allows you to proceed without their consent, and our top-rated Florida divorce and family law attorneys at Veliz Katz Law will ensure that your rights, assets, and parental interests are fully protected. 

Our lawyers will deal with the complexities of the legal system on your behalf, pursue the most favorable outcome possible, and help ensure that you can move forward with your life on your terms.If you are considering divorce but are facing resistance from your spouse, contact our legal team today. Call us at 407-634-1835 or contact us online to schedule your free consultation.