What Happens if You Do Not Sign Divorce Papers in Florida?
Being served with divorce papers can be an intimidating and overwhelming experience. This is particularly true if you did not expect your marriage to end, or you do not agree with the reason for it ending. In Florida, all divorce cases formally begin when one spouse files the necessary paperwork with the court. The divorce papers, including a summons to appear in court, is included in this paperwork.
Some people think that if they do not respond to the divorce papers, the case cannot proceed. This, however, is not true. Ignoring your divorce will not make it go away. In fact, refusing to respond to divorce papers can have significant consequences. Below, one of our Tampa contested divorce attorneys explains in further detail.
Can You Refuse to Sign Divorce Papers?
You can refuse to sign divorce papers, but doing so will only likely hurt you now, and in the future. Refusing to sign the divorce papers will not stop the case from proceeding. State law in Florida will allow your spouse to proceed in the following ways:
- Obtain a default divorce: If you fail to respond within the specific timeframe, usually 20 days after you are served, your spouse can request a default divorce from the court. If the court approves the request, which they often do, a judge will grant the divorce and only consider the information your spouse provided.
- No input on the terms of divorce: If you do not respond to divorce papers, you will not have the opportunity to express your opinions on important terms of the divorce such as alimony, child support, or property division.
- A scheduled hearing: If you do not respond to the divorce papers or other court notices, a hearing will likely be scheduled to finalize the terms of the divorce. Your failure to appear will not typically stop this hearing from moving forward.
While refusing to sign the divorce papers will not likely stop your marriage from ending, it can result in a forfeiture of your rights. The no-fault divorce laws in Florida are partly intended to avoid forcing people to stay in unhappy marriages.
Can You Dispute the Terms of the Divorce?
While you cannot dispute the divorce itself, you may be able to dispute the terms of the divorce. However, you must respond to the divorce papers to have this right. If you disagree with certain terms your spouse is pursuing, such as child custody or alimony, you must file your response on time. You may also have to attend court hearings, mediation sessions, and other legal proceedings.
Although the no-fault laws in Florida do not require you to prove fault, you can present evidence that supports your arguments for parenting plans or financial matters. You will lose this chance to protect your rights if you refuse to sign the divorce papers.
Our Contested Divorce Lawyers in Tampa Can Help You Through the Process
At All Family Law Group, P.A., our Tampa contested divorce lawyers can advise on the necessary steps to protect your best interests and help you obtain the best outcome possible. Call us today at 813-672-1900 or contact us online to request a free consultation and to learn more about how we can help with your case. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
