What Happens if Your Spouse Does Not Respond to the Divorce Papers?
If your marriage has broken down, you may want to file for divorce but your spouse may resist. They may argue that you can work through your issues and tell you that they are not going to sign the divorce papers. This leads many people to think that the divorce cannot proceed. Fortunately, in Florida, this is not true.
Refusing to sign divorce papers does have consequences, but the spouse who refuses to sign will feel the impact of these more than the spouse who files the petition. Below, one of our Tampa divorce attorneys explains more.
What Starts the Divorce Process in Florida?
Florida is a no-fault divorce state. The process officially begins when one spouse files the Petition for Dissolution of Marriage with the appropriate court. When filing the petition, a spouse does not have to accuse their partner of wrongdoing that led to the breakdown of the marriage. They only have to state that the marriage is irretrievably broken, meaning the relationship cannot be repaired.
After one spouse files the divorce petition, it is served to the other spouse, along with a summons and a financial affidavit. The spouse then has 20 days to respond. Within their response, they can agree or dispute the terms of the divorce their spouse is pursuing. Many people think that they can stop a divorce from proceeding if they do not respond but this is not true.
What Happens if a Spouse Does Not Respond?
When a spouse does not respond to divorce papers, it usually means they do not agree with the terms of the divorce, or the divorce itself. Still, the refusal does not mean the case cannot proceed. The court can still continue the proceedings, but it will be without the input of the non-responding spouse. This allows the divorce to proceed, but does not necessarily mean the filing spouse will receive everything they asked for.
There are many steps a court may take after a spouse refuses to respond to divorce papers. These include:
- Establishing deadlines for disclosures and responses
- Allowing the case to proceed after valid service
- Scheduling hearings to resolve issues
- Issuing orders even when one spouse refuses to participate
While the court will take the necessary steps to resolve the case, a judge will make decisions based on fairness, and not to punish a spouse for not cooperating. They will still review all evidence before making any final decisions. Although the filing spouse can still obtain a default divorce, it does not mean they will be granted everything they asked for.
Our Divorce Attorneys in Tampa Can Help You Through the Process
If your spouse has refused to respond to divorce papers, it is natural to feel uncertain and frustrated. While the process can still move forward, it is critical to work with a Tampa divorce attorney. At All Family Law Group, P.A., our experienced attorney can explain how your case may still proceed, the deadlines to meet, and ensure your rights are protected every step of the way. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
