Key points about divorce in Florida when one spouse refuses:
- One spouse can move forward with a divorce in Florida even if the other does not agree.
- A default divorce can occur when one spouse fails to respond within the required timeframe.
- If a spouse ignores the case, they risk losing the ability to influence decisions about property, alimony, and children.
- A final judgment makes the divorce official and creates legally enforceable obligations for both parties, even if one spouse wasn’t involved in the process.
Married couples don’t always see eye to eye when it comes to divorce. In many cases, one person is ready to move forward with the divorce while the other hopes to work things out or maybe just wants a trial separation.
So, what happens when a couple can’t agree on what to do next? Can a husband or wife move ahead with a divorce without the other’s consent?
Florida law does allow a divorce to proceed even when one person doesn’t want it, but that doesn’t mean the process is simple. In this article, we’ll explain how divorce works in Florida when both spouses are not on the same page, including what happens if someone refuses to sign or participate.
If you have questions about your rights in a Florida divorce, whether you’re the one who wants a divorce or the one who doesn’t, schedule a free consultation with the Fort Lauderdale family law attorneys at Shemtov Hillstrom.
We can review your situation, explain how the law applies to your specific circumstances, and help you move forward with a clear plan for your future.
What does a no-fault divorce mean in Florida?
Divorce, legally known as dissolution of marriage, is based on a no-fault system in Florida. This means you do not have to prove that either spouse did something wrong to end the marriage.
Instead, the court only needs to find that the marriage is “irretrievably broken.” If one spouse reaches that conclusion, the case can move forward even if the other person disagrees.
While the law treats both spouses as equal participants in the process, it does not require equal agreement. One person’s decision to file for divorce is enough to begin the process, even if one person doesn’t want it.
Can you get a divorce without your spouse’s consent in Florida?
Yes. Your spouse does not have to agree to the divorce for it to happen.
Once one spouse files a petition for dissolution of marriage, the case moves through the court system regardless of whether the other spouse supports it. The non-filing spouse still has the right to respond, raise concerns, and participate in decisions about finances or children, but they cannot stop the divorce entirely.
In other words, you cannot be forced to stay married simply because your spouse refuses to consent to it.
Can you get a divorce without the other person signing in Florida?
Yes. In Florida, a divorce does not depend on both spouses signing off on the paperwork.
After the case is filed, the other spouse must be formally served with the divorce papers. Once served, that spouse has a limited amount of time (typically 20 days) to file a response. If they choose not to sign or respond, the case does not stop—it simply moves forward without their participation.
This is an important distinction. Signing documents can make the process smoother, but it is not required for the divorce to be finalized.
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What happens if a spouse refuses to sign divorce papers in Florida?
If a spouse refuses to sign or participate, the court will still allow the case to proceed as long as the other spouse is properly notified about the divorce. This usually means they must be formally served with the divorce papers by a process server or sheriff, so there is proof they received them.
Once that happens, the court considers that spouse to have been given a fair chance to respond. If they choose to ignore the case, it can move forward without them, and they may lose the opportunity to weigh in on important issues like:
- Division of marital property
- Alimony
- Time-sharing arrangements with their children
In some situations, a spouse may initially refuse to engage but later decide to participate once they understand the consequences. Either way, the process does not depend on their cooperation.
What is a default divorce in Florida?
A default divorce occurs when the responding spouse fails to file an answer within the required time after being served. When this happens, the court can enter a “default,” which essentially means the case will move forward without input from that spouse.
The filing spouse may then request a final hearing and ask the court to grant the divorce based on the information they provided.
What happens after a default judgment in divorce in Florida?
After a default is entered, the case moves forward without the other spouse’s input.
The spouse who filed for divorce will usually need to attend a short court hearing. At that hearing, the judge reviews what they are asking for—such as how property should be divided, whether alimony should be awarded, and what parenting arrangements are in place if there are children.
Even if the other spouse did not respond, the judge will not automatically approve everything.
The court still looks at whether the requests are reasonable and fair and, if children are involved, whether the plan is in their best interests.
If the judge approves the terms, they will sign a final judgment. Once that happens, the divorce is official, and both parties are legally required to follow the terms set by the court, just as they would in any other divorce.
Have questions about your rights in a Florida divorce? We can help!
Divorces where one spouse is uncooperative or unwilling to move forward can quickly become more complicated. These cases often require a careful balance of persistence, strategy, and, when necessary, courtroom advocacy.
The Fort Lauderdale divorce attorneys at Shemtov Hillstrom are experienced in handling contested, uncontested, and high-conflict divorces. We also have extensive experience in Fort Lauderdale Jewish divorce cases.
Tal Shemtov is a former Broward County prosecutor, and Carter Hillstrom has handled more than 1,000 trials. That level of courtroom experience allows them to negotiate effectively when possible and take decisive action in court when needed to protect your interests.
If you have questions about your rights in a Florida divorce or need help moving forward, contact Shemtov Hillstrom to schedule a free consultation to get clear guidance on your next steps.