Can I Get a Divorce in Florida Even if My Spouse Doesn’t Want One?
The quick answer to the question, can I get a divorce in Florida even if my spouse doesn’t want one? is yes. In Florida, a no-fault state, all that is necessary is that one party needs to plead irreconcilable differences. The other party doesn’t have to agree or sign anything for a divorce to be completed. That being said, the spouse wanting the divorce cannot just walk into court and get one without going through the legal process of obtaining a divorce. Guidelines are the same for both parties wanting a divorce and only one party wanting a divorce.
If there have been no children created or adopted during the marriage and no real property owned together, alimony issues are settled, and both parties agree on all aspects of the division of assets and liabilities, a simple or no contest divorce can be obtained. All paperwork, filings, and fees can be transacted at the party’s county courthouse of residence, and an attorney is not usually necessary. Obtaining basic legal advice from an attorney can, however, help make sure the due process is followed correctly. A full financial disclosure from both parties must accompany the filing paperwork. As one of the requirements for a simple divorce is the agreement of desiring a divorce by both parties, it is highly unlikely a simple divorce can be obtained in the case where one spouse does not want the divorce. Sometimes, when the withholding spouse realizes there can be a divorce without their agreement, they will agree to a simple divorce as it costs a lot less and isn’t nearly as complicated as a contested divorce.
Under Florida law, only one party needs to want the divorce. If you file a petition stating that the marriage is irretrievably broken, the court has the authority to proceed even if your spouse objects or refuses to cooperate. A spouse cannot legally force another person to remain married against their will.
If your spouse does not want the divorce, the case will likely become contested rather than uncontested. This does not stop the divorce from moving forward, but it can affect how long the process takes and how complex it becomes. In a contested divorce, issues such as property division, child custody, child support, and alimony may need to be resolved through negotiation, mediation, or court hearings.
A spouse who refuses to participate may attempt to delay the process by not responding to paperwork or avoiding court appearances. However, Florida courts have procedures in place to prevent this from stopping the case entirely. If a spouse fails to respond after being properly served, the court may enter a default judgment, allowing the divorce to proceed without the non-cooperative spouse’s input.
Even when one spouse objects, Florida judges may require counseling or a short delay if there is a possibility of reconciliation, especially in long-term marriages. That said, a judge cannot deny a divorce solely because one spouse wants to stay married. Ultimately, the court’s role is to resolve outstanding legal issues, not to force reconciliation.
It is important to understand that while your spouse cannot stop the divorce itself, they can influence the outcome of certain matters. Disputes over assets, parenting plans, or financial support can extend the timeline and increase costs. Having experienced legal guidance can help protect your rights and keep the process moving forward.
In most cases where only one person wants the divorce, a contested process will ensue. Sometimes the case will be drawn out for long periods of time, with the reluctant spouse creating as many roadblocks to a final judgment as possible. This is especially true when money is of little issue as, of course, attorney fees, court fees, expert witness fees, and, if awarded, temporary alimony are added up. In Florida, mediation is required in most jurisdictions before a court date can be set. Again, the cheaper, faster way generally doesn’t appeal to a spouse trying to drag out the inevitable.
If you are considering filing for divorce in Florida and your spouse does not agree, consulting with a board-certified family law attorney can help you understand your options, meet procedural requirements, and work toward a resolution that protects your interests and your future.
Eventually, the day in court will come, and no matter how long it takes or how much money it costs, there will be a final divorce. Many hearts have been broken, but this is the law in Florida. Should you be in the position of either wanting or not wanting a divorce, you will need a Family Law attorney to answer your questions and represent your best interests. Attorney Grand Gisondo, a board-certified attorney, has been practicing Family Law successfully for over a decade. His office is in Palm Beach Gardens, Florida, and he represents clients in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Hillsborough, and Orange Counties, and New York and Washington DC. He offers a free, in-office, initial consultation to answer basic questions and share how he can help. Please call his office at (561) 530-4568 to make an appointment. His office hours are Monday through Friday from 9:00 AM to 5:pm and for new clients on Saturday from 8:30 AM to 1:00 PM. You can also check his website to learn more about Attorney Gisondo and his Family Law practice, https://gisondolaw.com/.