On behalf of The Law Office of Gustavo E. Frances, P.A.
When your marriage has fallen apart and you see no light at the end of the tunnel, filing for divorce may seem like the only option left. And while you realize that this is the best option, it does not necessarily mean that your spouse feels the same way.
So you end up dealing with an uncooperative spouse who refuses to sign divorce papers by not responding to your divorce complaint, failing to attend a court hearing, refusing to sign the final divorce papers, and/or even tearing the divorce papers into pieces in front of you.
Dealing with a spouse who refuses to sign divorce papers
In the vast majority of divorces, both spouses agree on the divorce and are capable of reaching a consensus with the help of skilled divorce lawyers in Fort Lauderdale or elsewhere in Florida. But what to do if your spouse refuses to sign divorce papers?
Finalizing a divorce with a spouse who refuses to cooperate with you on such issues as child custody, child support, alimony, property division, and time sharing is going to feel like walking down an escalator that goes up. No matter what you do, nothing seems to work.
That’s where a Fort Lauderdale divorce attorney from Law Office of Gustavo E. Frances comes in handy. Let’s review some of the most common divorce scenarios if you are dealing with an uncooperative spouse.
Do you need your spouse’s consent to get divorced?
Fortunately, you no longer need your spouse’s consent to obtain a divorce in Florida. In the 21st century, you can finalize your divorce with or without your spouse’s permission or participation. However, in no way does it mean that it will be easy to dissolve your marriage.
While you do not require your spouse’s consent to obtain a divorce in Florida, you will have to determine whether to file a no-fault or fault-based divorce.
Filing a no-fault vs. fault-based divorce in Florida
Long gone are the days when you had to prove your spouse’s fault in order to achieve a divorce.
In today’s world, your marriage can be dissolved even when neither you nor your spouse were at fault for causing the divorce. However, in certain situations, filing for a based-fault divorce can help you get an advantage in some matters of your divorce proceedings (child custody, child support, property division, and alimony).
How to obtain a divorce if your spouse refuses to cooperate?
Let’s imagine the following scenario. Your spouse was properly served the divorce papers, filed an uncontested response in court, but then refused to sign the divorce papers to finalize the divorce. What should you do in this situation?
In many cases, you may be allowed to proceed with an uncontested divorce, where you and your spouse will be assigned a court hearing date. If your spouse fails to show up at the hearing and does not contest the divorce, the family court may finalize your divorce based on the facts in your divorce complaint.
If your spouse, on the other hand, attends the hearing and contests the divorce or a particular issue in the dissolution of marriage, the judge will hear testimony and review evidence presented by both sides to decide on division of property, child custody, child support, alimony, timesharing, and other divorce issues.
If your spouse fails to respond to the divorce complaint in a timely manner, your divorce attorney in Fort Lauderdale or elsewhere in Florida may file a motion for default judgement. Whatever is the case, it is highly advised to experienced divorce lawyer. Get a free consultation by contacting Law Office of Gustavo E. Frances. Call at 954-297-6546 today.