What to Do if Your Spouse Won’t Sign the Divorce Papers
Divorce, or as it is now usually termed, dissolution of marriage, is not something most people want to have happen to their happy ever after marriage. In fact, it sometimes happens one of the parties in the divorce does not want the divorce and refuses to cooperate or sign a marital agreement. Each state has statutes determining how divorces are granted and what happens if one party is unwilling to agree to any terms of the divorce. For the purpose of this blog, we will look at the state of Florida.
Florida is a no-fault state when it comes to divorce. In other words, there does not need to be any reason for divorce other than one party in a marriage wanting the divorce. And, the party wanting the divorce can actually be the party with fault, such as adultery, but it matters not. If a person wants a divorce in Florida, they can obtain one by following the legal steps to gain a judge’s final order dissolving their marriage. The other party does not have to agree or accept; it will just happen anyway.
As an uncontested or simple divorce requires both parties to agree on everything and to both sign the agreement, a divorce where only one party is in accord will be a contested divorce. A divorce of this type in the state of Florida will need to go to mediation and, as this will not work, move on to Family court. In court, a judge will be ready to hear both sides, but in the end, if one of the parties wants a divorce, it will be granted.
Anytime there is a contested divorce, it is a good idea for each party to have professional legal representation, even if a party does not want a divorce. As there will be a divorce, it is best to have an attorney to help make sure such concerns as alimony (spousal support) and equitable distribution of assets and liabilities are addressed fully and carefully by the judge. A party may be so heartbroken they seemingly don’t care what happens in their future, but a family law attorney will know the reality of the future and fight for their client’s rights.
Divorce is never easy but having a caring and experienced Family Law attorney to help take the divorce through the legal process makes a positive difference. If you live in Palm Beach, Martin, St. Lucie, Broward, Miami-Dade, Orange, or Hillsborough Counties in Florida or Washington DC or New York, Board-Certified Family Law Attorney Grant Gisondo can help. He has been actively practicing Marital and Family Law for over a decade and offers a free initial consultation to get acquainted with him and answer general questions regarding your concerns. Divorce is one of his specialties. You can call his main office in Palm Beach Gardens (561) 530-4568 or his office in Delray (561) 530-4669, or his office in West Palm Beach (561) 530-4486, or his office in Stuart (772) 742-4709 to make an appointment for a free consultation. To learn more about Attorney Gisondo’s law practice, his mission statement and guiding principles, his awards, and client reviews, please visit his website http://gisondolaw.com.