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 You Get a Divorce Without a 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 in Tampa. 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.

What Happens If a Spouse Avoids Service?

Unfortunately, sometimes a spouse who does not consent to a divorce may avoid service. This can make it incredibly difficult to move forward, as proof of service is required by the Florida courts to proceed with the divorce. If this is the case, you may be able to file a motion with the court to request an alternative form of service, such as:

Why Might a Spouse Refuse to Sign Papers?

In some instances, a spouse who does not consent to a divorce may refuse to sign papers if they are successfully served. Common reasons include:

  • Anger
  • Betrayal
  • Hope of reconciliation
  • Intentional delay
  • Misunderstanding of divorce law
  • As a means of “punishing” their spouse

What Happens if a Spouse Won’t Respond or Sign the Petition?

Unfortunately, when a spouse refuses to sign the divorce petition or submit a response, this can cause unnecessary delays. However, as mentioned, you can still proceed with a divorce, even without the cooperation of your spouse. 

The 20-Day Response Deadline

If your spouse won’t cooperate, whether they are refusing service or won’t sign the papers, you may be able to proceed with a default judgment. This is because Florida law requires that someone served with a divorce petition will only have twenty days to file a response with the court once they have been served. Valid responses to a divorce petition in Florida include:

  • An answer that acknowledges each part of the petition
  • An answer and counterpetition, if they disagree with some or all of the requests made by the filer
  • A motion to dismiss, which is rare, but can occur when clerical errors are present

What Happens During the Florida Default Divorce Process?

Once the petition for a default divorce has been filed in Hillsborough County, understanding what to expect is critical. As such, after your spouse fails to respond to the petition within the required 20 days and the Motion for Default judgment has been filed:

  • The clerk will enter the default
  • The court will schedule an additional hearing
  • The judge will review the petition and the requested relief
  • The court will grant a default final judgment

What Does a Default Judgment Usually Include?

  • Alimony terms (when requested and supported)
  • Property division
  • Child support
  • Child custody
  • Attorney fees (if requested)

It’s important to understand that, even in a default judgment, the court must still consider the best interests of the child if custody is at hand. 

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.

Contact our Tampa Attorneys Today

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.