Can I Oppose A Divorce In Fort Lauderdale?
Getting a divorce is never easy. While some couples are resigned to the fact their marriage is over and on reasonably civil terms, other cases are more contested. In this type of situation, if your spouse has communicated they want to end your marriage, your first impulse may be to refuse to cooperate.
Opposing a divorce in Florida is not an option. Attempting to do so anyway can have devastating consequences. To protect yourself and your rights, discuss the situation with our Fort Lauderdale divorce lawyer. The following explains more about your options if you do not consent to a divorce.
What Happens If You Refuse To Cooperate In A Fort Lauderdale Divorce?
In the movies and on television, refusing to consent to a divorce and not signing divorce-related documents that are served is an effective strategy for getting back at your spouse and contesting your divorce. In real life, it is not so easy:
- Your spouse does not need your consent to file a divorce petition through the Broward County Court.
- In their petition, they will need to address issues such as property division, alimony, and child time sharing.
- Once you are served with this petition, you have 20 days in which to respond.
- If you refuse to do so, the court may issue a summary judgment in their favor.
A summary judgment means that any demands your spouse made in their divorce petition are likely to be granted by the judge and made part of your final divorce order. As this could have devastating impacts on your rights, a summary judgment is something you want to avoid at all costs.
Contesting A Divorce In Fort Lauderdale
Refusing to consent to a divorce in Fort Lauderdale is not an option. However, you can contest the demands made in your divorce petition and file a counterclaim against your spouse. Reasons that can be used to contest your divorce and their petition include:
- Your spouse engaged in marital misconduct: While this cannot be used as grounds for a divorce, it can benefit you in terms of a settlement.
- There are hidden assets: It is not uncommon for a spouse to attempt to hide property and income to avoid having it divided in a divorce.
- You sacrificed your career or education for the marriage: This may entitle you to alimony payments.
- You should be named as the primary caregiver in any child time-sharing arrangements.
Request A Consultation With Our Fort Lauderdale Divorce Lawyer
Facing the fact that your marriage is over is never easy but refusing to cooperate with divorce proceedings in Fort Lauderdale is not an option. The divorce will proceed anyway, with the outcomes in your spouse’s favor.
Contesting your divorce is an option. At the law office of Vanessa L. Prieto, we can guide you through the process, providing the caring, comprehensive legal service you need during this difficult time. To request a consultation with our Fort Lauderdale divorce lawyer, call or contact us online today.
Source:
browardclerk.org/Divisions/Family#General
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html
