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Most people have an idea of how divorce should proceed in our society. However, what happens when one spouse refuses divorce in Florida? Is it acceptable to refuse a divorce in the state? These questions are valid points of exploration.
This side of divorce is less frequently discussed but deserves the same attention. So if you want to refuse divorce or your spouse is refusing, we here at Orshan, Spann & Fernandez-Mesa can tell you what you need to know about divorce laws in Florida.
Refusing the Divorce in Florida
In Florida, you cannot outright refuse a divorce. In the Florida courts, both individuals don’t have to agree on divorce. One of the most common reasons individuals file for divorce in Florida is irreconcilable differences, which constitutes when the couple can no longer sustain the marriage. However, the other person might feel as though it is unnecessary or want to work through problems.
When the parties disagree on divorce, it takes much longer for the courts to process the decisions. Even if you ignore the paperwork, the courts will continue through with the separation.
Can’t Refuse, Now What?
Since you can’t refuse a divorce and you know the most common ground for filing for divorce, it is also important to note what you can do. In Florida, the courts allow the filing of a counterclaim. This counterclaim may request the courts to mandate counseling or therapy in an attempt to repair the marriage. If there are children involved, the courts are more likely to proceed with the counterclaim.
Seeking Legal Assistance
You should never outright ignore divorce in the state of Florida. However, even if you deny the separation, the courts can and will proceed. Therefore, it is vital to ensure that your voice is heard throughout the divorce process, as you deserve fair treatment. If your spouse wants a divorce and you are hesitant, contact our Florida Family Law professionals at Orshan, Spann & Fernandez-Mesa.
