Can a Spouse Refuse Divorce in Florida?
If your spouse goes missing or refuses to participate in the divorce process, Florida law still allows you to divorce them. You can request a “default judgment” if your spouse cannot be located, usually through a publication notice in the newspaper. This process is designed to ensure that one spouse cannot block the divorce simply by being uncooperative or absent. Once the ad runs for a month, you can proceed with the divorce and settle on terms without their involvement.
Even if your spouse refuses to engage in the process, the court will still grant the divorce, as Florida follows a no-fault divorce system. This means that you don’t need your spouse’s consent to move forward if you claim the marriage is irretrievably broken.
If your spouse is avoiding the process, it can complicate asset division, especially if there are joint accounts or properties. However, the court can still proceed with splitting assets based on available information. Even if one spouse is absent, the court will divide the marital property equitably, which may involve estimating or using available evidence for joint assets. The process ensures that you can’t be held up just because your spouse is uncooperative.
Financial Consequences for the Missing Spouse
If your spouse is avoiding the process, it can complicate asset division, especially if there are joint accounts or properties. However, the court can still proceed with splitting assets based on available information. Even if one spouse is absent, the court will divide the marital property equitably, which may involve estimating or using available evidence for joint assets. The process ensures that you can’t be held up just because your spouse is uncooperative. It’s important to note that while your spouse’s absence might delay some decisions, such as child custody, the court has provisions in place to handle situations where one party refuses to cooperate.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.