Divorce paperwork can be intimidating, especially if you don’t agree with how your marriage is ending. In Florida, the spouse who wants the divorce may file legal documents, and then the other spouse will receive notice. But what if you simply refuse to sign those papers? Does it mean the divorce won’t happen, or could you face bigger problems down the road?
In this article, we’ll explore the ins and outs of Florida’s divorce process when one spouse doesn’t cooperate.
Florida Is a No-Fault Divorce State
Florida is one of many states that use a “no-fault” divorce system. This means neither spouse has to prove the other did something wrong to get a divorce. Instead, it’s enough to say the marriage is “irretrievably broken.” Because of that, the court can still grant a divorce even if one person refuses to sign the paperwork or cooperate.
The goal is to avoid forcing people to stay in a marriage that can’t be saved. As a result, not signing the papers doesn’t stop the divorce from moving forward. Instead, it may push the other spouse or the court to take different steps to finalize the process.
What Happens if You Refuse To Sign?
If you won’t sign or respond to the divorce papers, Florida law allows the filing spouse to proceed without your input in specific ways:
- Default divorce: If you don’t respond within a certain time frame (typically 20 days from being served), the other spouse can ask the court for a “default” divorce. This means the court can grant the divorce based on the information provided by the filing spouse alone.
- Limited input on terms: Not responding means you miss the chance to share your views on key issues like property division, child support, or alimony. A judge could accept the filing spouse’s requests without your side of the story.
- Scheduling a hearing: If you continue to ignore notices, the court can set a hearing date to finalize the divorce. Again, your absence usually won’t stop the hearing from going forward.
Refusing to sign may seem like a way to keep the marriage intact, but in reality, it often results in losing your opportunity to influence the outcome.
Potential Consequences of Not Signing Your Divorce Papers
When you don’t sign or respond, you could face multiple family law consequences that go beyond the divorce itself:
- Losing property rights
- Limiting child custody options
- Missing spousal support
- Court orders against you
In short, you risk missing the chance to explain your situation to the court. Even if you disagree with the divorce, taking part in the legal process generally leads to a better outcome.
Can You Dispute the Divorce?
If you want to dispute parts of the divorce, like how property should be split or who should pay alimony, it’s important to file a response on time. This might involve attending hearings to discuss each issue as well as other proceedings.
While Florida’s no-fault system doesn’t require proving fault, you can still present evidence on financial matters or parenting plans. By not signing or responding, you lose this valuable opportunity to protect your interests.
An Experienced Florida Divorce Lawyer Can Help
If you’re thinking about refusing to sign your divorce papers—or if your spouse is the one not signing—you should understand that Florida’s courts can finalize a divorce even without cooperation. Letting the process unfold without your input could mean losing property rights, child custody, or support you’d otherwise deserve.
A knowledgeable Florida divorce lawyer can walk you through your rights, explain what to expect from the court, and help you navigate each step.
Contact the Orlando Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC, for Help Today
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
