What Happens If Your Spouse Refuses To Sign Divorce Papers In Florida

Because Florida is a no-fault state you dont have to prove that one spouse or the other was at fault in the divorce.

What happens if your spouse refuses to sign divorce papers in florida. To put the myth to bed both spouses do not have to agree for a divorce to go through. Filing for a contested divorce. Divorces even those desired by both spouses often get contentious. And if one spouse wont agree to end the marriage or is trying to avoid the divorce the process may stretch out longer than expected.

If your wife refuses to sign either a petition for divorce or a settlement agreement you can get the divorce yourself. However cases occur when one spouse refuses to sign divorce papers for various reasons ranging from a desire to seek greater financial support to a genuine desire to remain married. Have you spoken with an attorney over. But if you fail to sign other documents it is more likely to complicate the proceedings.

This means you dont have to prove that one spouse has done something wrong that led to the divorce. The good news is that in Florida you can still get a divorce even if the other party will not sign the divorce papers. Even if you are seeking a no-fault divorce your spouse will usually have to sign the papers. If you filed for divorce your spouse may want to delay your divorce to see if you can patch things up.

However it still must be proven that the spouse was served the Application for Divorce by completing an Affidavit. Instead you just have to state that the marriage is irretrievably broken. If your spouse refuses to sign there will have to be a hearing to settle the divorce. If you apply for deemed service and are refused or if you have not had any correspondence from your spouse that confirms they have received the divorce papers you can instruct a process server.

However if one party refuses to divorce or the parties cant agree on details such as property distribution and custody litigation divorce proceedings must be initiated. The good news is that most states including Florida are no-fault states. If your spouse. 1 found this answer helpful.

Our divorce lawyer advises that you must fill in this form correctly or risk having to serve the spouse again. The Court can grant a divorce order even if the spouse refuses to sign any documents. Florida is a no-fault State so if you file for a divorce and have her properly served then her obligation is to respond not sign If she fails to respond properly you can default her and thereby win your case by virtue of her failure to respond properly to court papers. However it might take longer and you might still have to ask the court to hold a trial to divide marital property and determine child custody.

If your spouse previously agreed to sign divorce papers but is now refusing to in all likelihood you do not have an uncontested divorce which means you will have to proceed as a contested matter. My spouse refuses to sign divorce papers. Instruct a Process Server. The divorce papers will be sent to the party that refuses to sign to appear in court so a highly educated Judge can fix the mess you made.

Did Your Spouse File a Response to the Divorce Complaint. A spouse can continually ask for court extensions or may refuse to respond to your filings. The second scenario in which one of the spouses may want to get a divorce without their spouse is when their partner refuses to sign divorce papers. If a spouse can be located and she refuses to sign the divorce papers then.

If your spouse refuses to take the documents from the server the server can place them somewhere in the presence of your spouse stating what they are and this will fulfill service requirements. An irretrievable breakdown divorce does not require your spouses signature though it does require at least a one-year separation before the divorce can be granted. While a spouses refusal to sign divorce papers can delay the process it does not prevent the petitioner from finalizing their divorce. If your spouse was properly served the divorce papers filed an uncontested response in court then refused to sign the final divorce papers talk with an attorney about your option to proceed with an uncontested divorce.

If your spouse has refused to sign the divorce papers you might be panicking and wondering if you can still get a divorce or if youre stuck in the marriage because of their action. If you do not sign the petition for dissolution you can be prevented from initiating the divorce. However your spouses failure to file a response to the divorce petition can actually work in your favor. A party must file a complaint and serve it on hisher spouse ideally with the help of a lawyer requesting the divorce be granted and also other relief such as alimony and child custody.

That spouse will have to be served with a Complaint for Divorce which will provide 21 days for that spouse to respond to the complaint these are consecutive calendar days not business days. When one party refuses to sign and the divorce gets petitioned to move forward anyway then it is called a contested divorce. Some resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers or by completely failing to respond to a request for a divorce. Only one spouse has to want a divorce for Florida to grant the request.