What if your spouse refuses to sign divorce papers? After all, not everyone agrees with the terms of a divorce. You can expect a slightly more complicated process, but divorce is still possible.
Only one spouse needs to request a divorce to make it valid in Florida. However, if the other spouse intends to protract the divorce proceedings, they may avoid signing the papers hoping for a different outcome. If you want a divorce and worry your spouse will not agree, keep reading to learn how Florida deals with the process.
Uncontested divorce
If the spouse attempts to avoid signing papers, the judge may rule the divorce as uncontested. In Florida, this falls under collaborative law, and it usually occurs when a couple wants to end their marriage amicably and without a judge. However, when the spouse refuses to cooperate, the issue of property division and child custody becomes much more complicated. This form of uncontested divorce does not guarantee you will receive a favorable property division.
Default judgment
The other option is to petition for a default judgment. Once granted, the other spouse has 30 days to sign the divorce papers. Once the grace period ends, the judge gives the default judgment. This is often the best-case scenario, as it avoids conflict and allows you to move on.
Default judgments and uncontested divorces may be the only recourse you have to dissolve your marriage. However, do not expect to claim every asset you believe is rightfully yours. Sometimes, you must cut your losses when the other spouse does not cooperate.