Kissimmee, FL asked in Divorce for Florida

Q: How do I get a divorce if my Spouse will not agree to it? No Property or children. Haven't been together in 4 years.

Related Topics:
3 Lawyer Answers
Nicole Vette
Nicole Vette
PREMIUM
Answered
  • Boynton Beach, FL
  • Licensed in Florida

A: Your spouse does not need to agree. You just file for divorce and indicate that the marriage is irretrievably broken.

Deborah Annette Carroll agrees with this answer

1 user found this answer helpful

Michael Ferrin
Michael Ferrin
Answered
  • Orlando, FL
  • Licensed in Florida

A: Good morning.

IF your spouse refuses to agree to a divorce you can move forward with a contested divorce. For a contested divorce you do not need his agreement to move forward. If you were to retain our office, we would draft all of the necessary paperwork and once everything is filed with the court the clerk would issue a summons. Once the summons is issued we would then have your husband served with the paperwork and once he is served he would have 20 days to file a response. If you have additional questions or are interested in scheduling an appointment, please feel free to contact our office.

Thank you and have a great morning.

Deborah Annette Carroll
Deborah Annette Carroll
Answered
  • Lakeland, FL
  • Licensed in Florida

A: A divorce may still be obtained in Florida without the consent of your spouse. It will be a contested dissolution without an agreement. There are two requirements for the party who is the initial petitioner: 1. You must have been a resident of the state of Florida for 6 months prior to filing for dissolution of marriage, and 2. you must be willing to swear under oath that the marrige is irretrievably broken. If the other party doesn't agree that the marriage is irretrievably broken, the judge may inquire to see if the parties feel counseling could help. If the parties respond that counseling could be beneficial, the judge has the option of tabling the dissolution and ordering the parties to counseling for a period of 90 days. However, it is quite customary that if the petitioning party doesn't feel counseling would help, the judge has the option of granting the dissolution anyway.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.