What if your spouse doesn’t want a divorce?

You’ve realized for a while that your marriage is no longer working. Neither of you are happy; at this point, it’s probably best if you both go your separate ways.

There’s just one problem – your spouse doesn’t want to divorce.

The no-fault divorce law

Your spouse’s refusal to sign divorce papers is frustrating and adds a layer of complexity to an already challenging and emotional process. But that doesn’t mean you’re without options. Florida is a strictly no-fault divorce state, meaning that there is no need to prove that either spouse did anything wrong or that there was any marital misconduct. The only requirement for a divorce filing is that the marriage is irretrievably broken and you can’t resolve your problems.

The other advantage to a no-fault divorce is that even though your spouse doesn’t want a divorce, you can still file a petition to divorce, asking that the court formally dissolve your marriage. Your petition will need to include details regarding assets, debts and children you share.

After filing the petition, you will need to serve your spouse with divorce papers, usually by a process server or sheriff. This is to ensure that your spouse has been formally notified of the divorce filing and that a response is required within 20 days. Your spouse then has options:

1. They can ignore the paperwork and fail to respond within 20 days. You then can file for a “default judgment,” which allows your case to move forward without your spouse’s participation. 
2. They can respond that they oppose the divorce. At this point, the divorce becomes contested and the court will need to hold hearings to resolve disputes. Florida law states that if one spouse contests the divorce, the court may require the couple to undergo counseling or mediation services. However, you are not required to reconcile. If the court determines that the marriage is irretrievably broken, they will likely grant the divorce.

It’s imperative to know that you are not trapped even if your spouse tries to prevent the divorce from happening. While your spouse can delay the process, they can’t ultimately stop it. However, trying to work with an unwilling spouse can be emotionally draining. A better solution is to have someone who can represent your interests and guide you through the process.