Divorce is rarely an amicable process; one spouse may hesitate or be unwilling to move forward. Many believe that refusal to sign the divorce papers will stop the marriage’s dissolution. In Florida, a no-fault divorce state, a missing signature does not halt the proceedings.
Dissolving marriage without assigning blame
Florida’s state law allows one spouse to initiate the divorce process without the other’s consent. The filing spouse (petitioner) submits a petition for divorce outlining their desired outcome regarding property division, alimony (if applicable) and child custody (if children are involved).
Once filed, the court issues legal documents to the other spouse (respondent) to officially notify them of the divorce proceedings. They have 20 days to file a response with the court.
Divorce by default is a potential result
If you filed a petition and your spouse is unwilling to participate, you can file a “motion for default.” Even without their response, the court can proceed with the case based on your petition. It may then grant a default judgment, which finalizes the dissolution of marriage based on your original petition.
While a default divorce can resolve the situation, it is not always the most favorable outcome for the nonparticipating spouse. By not responding, they forfeit the opportunity to negotiate a settlement.
Seeking legal guidance
No divorce is alike, and the reasons why a spouse may refuse to sign or acknowledge the papers are many. It could be due to religious purposes, misconceptions about the process or beliefs that reconciliation remains possible.
Even with an uncooperative spouse, legal options exist to achieve a fair and finalized resolution. Consulting with an attorney can help increases the chances of reaching a favorable outcome.