Deciding to file for divorce is challenging. If your spouse is uncooperative, it makes the situation even more difficult.
If your spouse is not cooperating with the divorce proceedings and refuses to sign the papers, it will make the situation frustrating and more difficult than it already is. If you are in this situation, you may wonder, “can you get a divorce without the other person signing in Florida?”
Unfortunately, this issue can make things more challenging, but you do have options. Here you can learn more about what to do in this situation. You can also call and talk to me at Griffin Family Law, PLLC, for more information about this situation.
One Spouse Not Signing the Divorce Papers Is More Common Than You May Think
You have likely heard many stories about friends’ and family members’ divorces. However, you may not have ever heard about one spouse refusing to sign the divorce papers.
While the situation may seem uncommon, it happens more than you probably realize. If you find yourself in this situation, you are not alone and have options.
Why Do Some Spouses Refuse to Sign the Divorce Papers?
In many divorce cases, the presentation of divorce papers is not surprising to either person. Most people know when their relationship is headed to divorce and what has led to that decision.
If neither person in the marriage is happy and you both know divorce is the obvious outcome, you may also wonder why your spouse will not sign.
Everyone has their own reason for this. Sometimes, the other person may refuse to sign the papers to make the situation more difficult. If you and your spouse have not been getting along for a while, they may have decided not to sign to complicate the situation.
In other situations, your spouse may think that the divorce cannot be finalized if they do not sign the papers. Even if you are ready to end the marriage, your spouse may try to hang on and hope they can work things out with you. Your spouse may also believe that they can threaten you by refusing to sign the divorce papers.
While all situations are unique, these are some examples of why someone may refuse to sign divorce papers in Florida.
Can You Divorce without Consent from Your Spouse?
When filing for divorce, your top concern is if you can get divorced if your spouse will not file the papers. After all, you have likely read that most of the process is handled by the court. The sooner you can have the divorce finalized, the sooner you can begin rebuilding your life.
There is good news. You can file for divorce in Florida even if the other party refuses to sign the papers. Since Florida is a “no-fault” divorce state, it is unnecessary to show that the other spouse was to blame for your divorce. Instead, you must state that your marriage is irretrievably broken.
Even if your spouse does not want to end the marriage or if they refuse to sign the papers, you can still get divorced in Florida.
Issues You May Face if Your Spouse Will Not Sign the Divorce Papers
You may feel a bit of relief knowing you can get divorced even if your spouse refuses to sign the divorce papers. While this is true, you may still wonder what issues this may cause. After all, when answering the question, “can I get a divorce without my spouse knowing,” it really depends. This is a tricky situation and one you need to ask a divorce lawyer about.
You and your attorney must fill out the Petition for Dissolution of Marriage and file it with the court. After the paperwork is filed, a process server gives your spouse the documents. Your spouse can file a response with the court; however, if they do not do this, the court can enter a “default” against them.
In situations where your spouse will not sign your divorce papers, it means some issues will be more complicated to deal with. It is always easier to handle a divorce if you and your spouse do this amicably. When this is the case, you and your spouse can discuss the division of property, assets, and child custody. Not only is this easier for you, but anyone else involved in the case, too.
If your spouse is not cooperative and refuses to sign the divorce papers, they may not be cooperative when dealing with marital issues. This is another reason you should have an attorney representing your interests when you file for divorce.
Steps to Take if Your Spouse Will Not Sign the Divorce Papers
Is your spouse being uncooperative? Are they refusing to sign the divorce papers? If so, you should contact my office. I can help you draw up the papers and file them with the proper court. I can also help you with other related matters to the divorce.
If you are ready to file the papers for divorce in Florida but are concerned your spouse will not agree to it or will refuse to sign the papers, you should not become too stressed. While divorce can be frustrating and emotional, no matter if you live in Florida or not, I can help alleviate some of this stress.
I understand the law and will help you with each step of the process. Call my office today to schedule an initial consultation.