What are the steps if a spouse refuses to sign divorce papers?

On Behalf of | Oct 30, 2024 | Divorce |

Divorce can be a challenging and emotional process, and it becomes even more complicated when one spouse refuses to sign the divorce papers. In Florida, the law provides specific steps to move forward even if one spouse does not cooperate. 

Understanding these steps can help ease the stress of an already difficult situation.

File for a contested divorce

If a spouse refuses to sign the divorce papers, the next step is to file for a contested divorce. A contested divorce means that the spouses do not agree on all aspects of the divorce, such as property division, alimony, or child custody. In this case, the court will become involved in resolving the disputed issues.

Serve the spouse with divorce papers

After filing for a contested divorce, the next step is to serve the non-cooperative spouse with divorce papers. In Florida, this process must be handled by an authorized individual, such as a sheriff or professional process server. The spouse being served will have 20 days to respond after receiving the papers.

Attend court hearings

If the spouse still refuses to cooperate or respond, the divorce process will move forward in court. Both spouses will need to attend court hearings where a judge will make decisions regarding matters such as asset division, alimony, and child custody. If the non-cooperative spouse fails to appear, the judge may issue a default judgment in favor of the spouse seeking the divorce.

Mediation or trial

In some cases, the judge may order mediation before moving forward with a trial. Mediation is an opportunity for both spouses to reach an agreement with the help of a neutral third party. If mediation is unsuccessful or skipped, the case will proceed to trial, where the judge will make the final decisions on all contested issues.

Next Steps

While having a spouse refuse to sign divorce papers can be frustrating, Florida law ensures that the process can still continue. With the proper steps, it is possible to obtain a divorce even without the other spouse’s cooperation.

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