Nothing is more difficult than the decision to dissolve a marriage, which can be compounded when the spouse is unwilling to cooperate. The hardest part of getting a divorce could be when the husband or wife fails to sign the petition in Florida.
Some may feel largely daunted and unsure of what to do. However, one should know they have ways out, or they may still have the alternative of proceeding with the divorce process even when the spouses don’t sign divorce papers.
Understanding the No-Fault Divorce in Florida
One of the most crucial facts concerning divorce in Florida is that it is a “no-fault” state. This implies that you do not need to show particular reasons for divorce, such as infidelity or cruelty. Alternatively, you can simply state that the marriage is “irretrievably broken,” which is a way of saying you and your spouse have issues that are irreconcilable and cannot be salvaged.
This is significant because this means that the court will not search for your spouse’s approval so as to grant a divorce to you. The court might nullify the marriage even though your spouse is unwilling to sign for the divorce.
Serving Your Spouse with Divorce Papers
The next step is to serve your spouse with a petition for dissolution of marriage if they refuse to sign the divorce papers. This can be performed in several different ways:
Personal Service
Your spouse can obtain the paperwork promptly from a private process server or sheriff’s officer.
Publication
If you don’t know where your spouse is, the court will allow you to serve them by posting a notice in the neighborhood newspaper.
One of the most crucial steps in the divorce process is making sure your spouse gets served correctly. You might be able to get a default judgment if your spouse doesn’t reply to the petition after 20 days.
Obtaining a Default Judgment
If your spouse is served with the Petition for Dissolution of Marriage and fails to answer it within 20 days, a motion for default judgment may be filed, by which the court may grant the divorce based on facts given in the Petition without any active participation of the spouse.
A default judgment can be a fairly quick and easy way to get a divorce if the spouse is absent or uncooperative. However, please note in order to conclude the divorce, the court might still have to deal with such issues as child custody, child support, alimony, and division of assets and debts.
Navigating a Contested Divorce
If your spouse answers the Petition and contests the divorce actively, things become more complicated, and you may have to go through mediation or settlement negotiation or even a trial to try and settle the remaining issues.
The most common issues in a disputed divorce are:
Child Custody
Determining where the children will live and how parenting responsibilities will be divided.
Child Support
Calculating the appropriate amount of child support based on each parent’s income and expenses.
Alimony
Deciding whether one spouse will receive financial support from the other, and the amount and duration of that support.
Asset Division
Equitably dividing the couple’s assets and debts.
Seeking Legal Assistance in Boca Raton, Florida
If your partner refuses to sign the divorce papers, you should contact an experienced divorce attorney. The attorneys at the Affordable Divorce Centre in Boca Raton, Florida, have vast expertise with difficult divorce cases, including one recalcitrant spouse.
Our staff is aware of the emotional and legal obstacles you are facing, and we are devoted to giving you with the help and counsel you require to obtain the best possible conclusion. We’ll work closely with you to develop a personalized strategy that meets your individual needs while protecting your interests.
During your initial consultation, we will thoroughly review your situation and provide you with an honest assessment of your options. We will also take the time to answer any questions you may have and ensure that you feel knowledgeable and empowered throughout the process.
Contact us immediately for a private consultation and begin the process of resolving your divorce issue.
Conclusion
In fact, dealing with a spouse who does not want to sign divorce paper is indeed a very confronting as well as an agonizing experience. However, you should remember that though the spouse may be on a course of delay; still, there is definitely some scope to move forward with the divorce process.
Knowing what rights you have, researching your options legally, and speaking with an experienced Florida divorce attorney will most likely help you to work your way through all the complex details of your divorce and set up the best result possible for you and your family.
Remember that you don’t walk through this alone. There’s staff at the Affordable Divorce Centre in Boca Raton, Florida, that stands ready to assist at whatever stage of the process you are in. Make a booking for your private meeting with us today and start your way forward to a better future.
