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Often times we are asked, "What if my spouse doesn’t agree to the divorce? Can I get a divorce without my spouse’s signature?"

It is not required that your spouse sign the Petition for Dissolution of Marriage to obtain a divorce. That is only true in a simplified divorce where there are no children involved, the parties have signed an agreement distributing their assets and debts and they both sign and file the Petition. Otherwise, normally the Petition and initial documents will be prepared, filed and served upon the other party by process server. Then he or she has 20 days to file an Answer to the Petition, as well as a Counter Petition if that party requests anything from the marriage that is not included in the Petition. If the response is not timely filed, then the party seeking the divorce can file for a clerk or judicial default, and if granted, then the case would proceed without including the non-filing spouse. If the party responds, then there is a procedure that must be followed to eventually obtain a divorce, either amicably or requiring intervention by the court. Florida is a no fault state so the divorce process can be prolonged; however, a divorce cannot be prevented, even if your spouse does not agree.

For more information or to schedule a complimentary consultation contact us at:

Tampa Bay Divorce Attorney
All Family Law Group
813-616-3557
511 West Bay Street Suite 450
Tampa, Florida 33606

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