One situation that Tampa divorce lawyers deal with on occasion involves one spouse who serves the other spouse with divorce papers, and the other spouse refuses to sign the papers because they don’t want the marriage to end. This can be an emotionally intense situation when the other spouse will not cooperate with the divorce process. Our attorneys generally handle this matter carefully because a non-compliant spouse can cost our client thousands of dollars in legal fees if every matter has to go before the judge. Chances are good, however, when there is unnecessary conflict in a divorce case, it’s the individual who doesn’t want to get a divorce who caused it. In this article, the Tampa divorce lawyers at Westchase Law, P.A. will discuss how to handle a situation in which your spouse refuses to sign the divorce papers.
Can my spouse stop the divorce by refusing to sign the papers?
Under Florida law, judges will not typically deny a divorce petition simply because the other spouse doesn’t want the marriage to end. This is because Florida is considered a no-fault divorce state. This means that one party does not need to prove that the other party caused the breakdown of the marriage to pursue the divorce. They only need to establish that the marriage is irretrievably broken.
In other words, if one spouse wants a divorce, that’s all it takes for the Florida courts to dissolve the marriage even when one spouse denies that the marriage is irretrievably broken. It’s likely that the law was written this way to prevent one spouse from being forced to stay in a marriage that they no longer want to be in. In exceedingly rare cases, verging on nearly never, the Florida courts have the authority to refer a couple to marriage counseling. But that almost never happens.
Even though your spouse cannot prevent a divorce from proceeding simply because they don’t want to sign the divorce papers, you, as a participant in a divorce, will want to be on your guard. Generally speaking, this heralds the beginning of a high-conflict divorce. Your attorney will want to be extremely delicate in how they proceed. Ultimately, it’s in your best interests to amicably mediate your divorce proceedings. This saves you time and money and keeps the decision-making power in your hands as opposed to a judge’s.
If every issue related to the divorce is contested, then a judge will have to preside over a non-jury trial and hear testimony from both participants to the divorce. This means more work for your attorney, larger legal fees for you, and less time to rebuild your life.
Talk to a Tampa, FL Divorce Lawyer Today
The Tampa divorce attorneys at Westchase Law, P.A. represent the interests of those who are pursuing a divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing key elements related to your divorce such as equitable distribution of the marital estate, alimony, child custody, and child support.