Divorce is undoubtedly an emotional matter that can result in feelings of hurt, anger, and betrayal. However, when your spouse refuses to grant consent to pursue this process, you may be worried that you will end up trapped in the marriage. If you do not have your spouse’s consent to continue this process, you’ll want to keep reading to learn whether or not you can proceed and why working with Tampa divorce lawyers is in your best interest during these complicated matters.
Can I Get a Divorce Without My Spouse’s Consent?
First and foremost, it is imperative to understand that you cannot be forced to remain in a marriage if you do not want to. As such, you do not need your spouse’s consent to proceed with a divorce. Even if they refuse to sign the papers, your divorce can and will proceed.
Florida, like all states, offers a no-fault divorce option. Unlike a fault-based divorce, in which you must prove wrongdoing by your spouse for the divorce to go through, you can file for a divorce on the grounds that your marriage is irreparably broken, as this is considered a valid reason to file for divorce.
Unfortunately, if your spouse does not consent to the divorce, they may not cooperate during the process as a way to “punish” you for your decisions or in the hopes that you will give up. As such, you’ll find that they may refuse to sign the divorce papers. If this occurs, you can rest assured that your divorce can still occur. This is because the court can issue a default judgment. When one party does not respond to a lawsuit within the required timeframe, the plaintiff can request a default judgment. This essentially means that the court can grant the filer the relief sought in the initial filing because they will assume the respondent has relinquished their right to pursue legal action.
How Can an Attorney Help Me During This Process?
If you are going through a divorce and your spouse refuses to cooperate with you, connecting with an experienced attorney is imperative during these matters. When you are placed in this situation, it can be upsetting and confusing, as you may be unsure of how to proceed. However, working with an experienced attorney is vital, as they can assist you through the standard legal complexities of this process, as well as the additional confusion caused by an uncooperative spouse.
It’s also important to note that if your spouse does eventually sign the papers, they will likely do everything possible to make the divorce as difficult as they can by refusing to compromise on any of the contested aspects. As such, having an attorney to help you fight for the best possible outcome during these matters is critical.
As you can see, filing for divorce without the consent of your spouse can be an upsetting and complicated time. However, it’s imperative to understand that working with Tampa Law Group can help you navigate these difficult legal processes to minimize stress and frustration during these matters. Our team understands how frustrating it can be when your spouse refuses to cooperate, which is why we are ready to help. Contact us today to learn how we can fight for you.
