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.

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

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.

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.