Can a Spouse Refuse Divorce in Florida?

Under Florida’s no-fault divorce system, one spouse does not need the other spouse’s consent to file for divorce. As long as one party claims that the marriage is “irretrievably broken,” the divorce will be granted. This means that the spouse filing for divorce does not need to provide evidence of fault or wrongdoing by the other party. This also applies even if the other spouse disagrees with the divorce or doesn’t believe the marriage is over.

The court is not concerned with whether both parties agree to the divorce, but rather whether one party expresses that the marriage is beyond repair. Therefore, even if one spouse is unwilling to divorce or doesn’t believe the marriage is over, the court will still grant the divorce after filing.

For the spouse who doesn’t want the divorce, this can be emotionally challenging. In many cases, it’s the higher-earning spouse who resists the divorce, possibly due to financial concerns, such as alimony or asset division. This emotional struggle is often compounded by concerns over the financial implications, especially if there are significant assets, child custody issues, or the possibility of paying alimony.

What Happens If One Party Doesn’t Want a Divorce in Florida?

For the spouse who doesn’t want the divorce, this can be emotionally challenging. In many cases, it’s the higher-earning spouse who resists the divorce, possibly due to financial concerns, such as alimony or asset division. This emotional struggle is often compounded by concerns over the financial implications, especially if there are significant assets, child custody issues, or the possibility of paying alimony.

However, the law allows one party to move forward regardless of the other’s stance. It’s crucial for the reluctant spouse to understand that, legally, their feelings about the divorce do not prevent it from proceeding.