Can You File For Divorce In Fort Lauderdale Without Your Spouse’s Cooperation?

Broward County divorce proceedings are often contentious, and it is not uncommon for one of the spouses to refuse to cooperate. Whether they are acting out of spite, ignorance of how legal proceedings work, or refusal to face the fact that the marriage is ending, it can create significant problems.

However, while many people believe that both spouses must agree or sign papers for the divorce to move forward, that’s not how Florida law works. Our experienced Fort Lauderdale divorce lawyer explains that while an uncooperative spouse can slow things down, they cannot stop a divorce from happening.

How Broward County Courts Handle Divorce Cases When One Spouse Refuses To Respond

Florida is a no-fault divorce state. You do not need your spouse’s permission to end the marriage. Under Florida law, the court focuses on whether the marriage is irretrievably broken, not whether both parties agree.

No doubt, a refusal to cooperate can delay divorce proceedings, but it can’t put it off forever. Factors Broward County Family Court judges are likely to consider when deciding to move forward with your case include:

• Whether the Broward County Court has jurisdiction.
• If your divorce petition was filed correctly and provides all the required information.
• Whether you followed the proper process for serving the petition to your spouse.
• If there is reason to believe your spouse is intentionally trying to delay your divorce case.

Fortunately, even if your spouse refuses to respond or participate after being served, the court can still move forward with the case.

What Happens If Your Spouse Refuses to Participate in a Fort Lauderdale Divorce?

Refusing to cooperate with Fort Lauderdale divorce proceedings often reflects a desire for control on the part of your spouse. They may genuinely not want your marriage to end, or they may be trying to get leverage or are acting out of anger. Regardless, the courts have ways to prevent your divorce from stalling indefinitely:

• Formal service through a process server or the Broward County Sheriff’s office, so your spouse cannot say they didn’t get the paperwork.
• A 20-day response period after service prevents them from delaying the divorce indefinitely.
• Default proceedings, if your spouse fails to respond.
• The ability to enter a final judgment, even without their cooperation.

Property division and alimony can often be resolved through a default hearing. Child time-sharing arrangements or other sensitive matters may require additional steps, but your spouse’s refusal to cooperate does not prevent you from getting a final divorce order.

Spouse Refusing To Cooperate? Contact Our Experienced Fort Lauderdale Divorce Lawyer Today

Dealing with a failed marriage is difficult enough. An uncooperative spouse only makes the situation worse. Having an experienced Fort Lauderdale divorce lawyer on your side helps ensure deadlines are enforced, paperwork is handled correctly, and your case keeps moving.

At Vanessa L. Prieto Law Offices, we focus on practical solutions that reduce delay and protect your rights. If your spouse won’t cooperate and you’re ready to move on, contact us today and schedule a consultation to discuss your next steps.

Source:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html