The laws underlying divorce, within the state of Florida, can be confusing. But, by being aware of these laws, and whether or not a divorce can be denied, it is easier to obtain a favorable divorce outcome.
Florida Is A No-Fault State
The state of Florida is a no-fault state. And, what this means is that, at any time, a spouse can say that there are irreconcilable differences between them and the other spouse.
Saying that there are irreconcilable differences will lead to a no-fault divorce. A no-fault divorce allows both spouses to separate, without either spouse being at fault for the breakdown of the marriage.
Each one of these facts has a number of implications, regarding whether or not one’s spouse can deny a divorce or prevent a divorce from occurring.
A Spouse Cannot Deny A Divorce
A spouse may not wish to divorce. And, if that is the case, then there is one thing they can do: they can refuse to sign the papers that, by law, they must be served with, in order for both spouses to divorce.
Even though a spouse can refuse to sign the divorce papers that they have been served with, this does not mean that they can deny a divorce.
Rather, if a spouse refuses to sign the divorce papers that they’ve been served with, then it’s likely that a judge will simply grant a default divorce.
A default divorce can offer a variety of advantages to the spouse that initiated the divorce. Some of the most notable advantages that can come from being granted a default divorce are as follows:
- If the other spouse isn’t there to contest the terms for alimony, then those terms will likely be granted.
- If the other spouse isn’t there to contest the terms for property division, then those terms will likely be granted.
- If the other spouse isn’t there to contest the terms for child support, then those terms will likely be granted.
None of the above is guaranteed. But, if the other spouse doesn’t contest the terms of a divorce, then it is likely that a judge will just grant them, since the other spouse isn’t contesting them.
A Judge Can Deny A Divorce, But Will Rarely Do So
Given the fact that Florida is a no-fault state, a judge cannot consider fault when considering whether or not to grant a divorce. But, with that being said, a judge can choose to deny a divorce.
Right before a divorce can be granted, a judge must sign a divorce decree. Even though it is quite rare, some judges may choose not to sign the divorce decree, which serves as a denial of that particular divorce.
Some of the most common reasons why a judge may deny a divorce are as follows:
- The judge believes that a couple can still work things out.
- The judge believes that a couple should try to work things out, due to their children
- The judge believes that marriage counseling is the best course of action.
None of the above are common. But, even so, they are possibilities that can arise.
Speak With A Tampa Divorce Lawyer Today
Even though a divorce can be denied, within the state of Florida, it is rare. Speak with a Tampa divorce lawyer at Westchase Law, P.A. today and we will assist you in obtaining the best possible divorce outcome.
Sources:
law.cornell.edu/wex/no-fault_divorce
flcourts.gov/content/download/403082/file/12-910a.pdf