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Tampa Divorce Attorney | Blog | Divorce | What if a Spouse Refuses to Sign Divorce Papers in Florida?

What if a Spouse Refuses to Sign Divorce Papers in Florida?

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Divorce can be difficult. Often, divorcing spouses do not agree on several things. Spouses may even disagree on whether getting a divorce is the best thing to do. In such a case, when a spouse is served with divorce papers, they may be tempted to ignore the petition. If a spouse refuses to sign the divorce papers, the divorce process can be more challenging. Refusing to sign the divorce papers can frustrate the petitioner (the spouse who filed the divorce petition). So, what happens if a spouse refuses to sign divorce papers in Florida? Can the divorce be granted if one spouse chooses not to cooperate? Read on to find out the answers to these questions.

Why Do Spouses Refuse to Sign Divorce Papers?

The following are some of the reasons some spouses refuse to sign divorce papers;

  • A spouse does not want to get a divorce due to religious reasons or other reasons
  • A spouse just does not want a divorce
  • A spouse thinks that divorce cannot proceed if they don’t sign the divorce papers
  • A spouse wants to make the divorce process more difficult for the other spouse
  • A spouse believes there is a chance for reconciliation

After a spouse refuses to sign divorce papers, it can be a waste of time and energy to try and determine the reasons for their refusal. Instead of focusing on why a spouse refuses to cooperate, it may be better to seek guidance from a skilled divorce attorney and focus on moving on.

What Happens if a Spouse Refuses to Sign Divorce Papers?

After a spouse files a divorce petition, they must serve the petition to their spouse. In Florida, a spouse has 20 calendar days to file a response after receiving the Petition for Dissolution of Marriage. Since Florida is a no-fault divorce state, a spouse does not have to respond to allegations made by the other spouse. But, they have the opportunity to respond to requests for alimony, child support, and other points raised in the petition.

One of the main concerns spouses have is that their divorce will not proceed if the other spouse refuses to respond to the petition for Dissolution of Marriage. However, in Florida, a spouse’s refusal to sign the divorce papers cannot prevent the divorce from proceeding. If a spouse refuses to sign divorce papers, the court will assume they are not interested in participating in the proceedings. They will consider the divorce petition without the uncooperative spouse’s input. The court may hold the uncooperative spouse in default and grant a default divorce. In a default divorce, the petitioner may be able to obtain everything they initially asked for in the divorce petition. If a spouse refuses to sign divorce papers, it could result in an easier, quicker, and more affordable divorce.

Contact a Tampa Divorce Attorney

A skilled Tampa divorce attorney at The Law Office of Laura A. Olson, P.A. can guide you through the process if your spouse has refused to sign the divorce papers. Call us at 813-222-0888 or fill our online contact form to schedule a consultation.

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