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What If One Spouse Does Not Want a Divorce?

Typically, people view divorce as an agreed-upon decision between spouses. However, it is possible for one spouse to refuse or not want to move forward with a divorce. What happens in these situations? Well, there are several things that an individual can do when their spouse refuses to recognize or accept a divorce. Autumn Beck Blackledge PLLC can help explain.

Can You Be Forced To Stay In a Marriage?

As much as your spouse may want to stay married or refuses to accept your wishes, you cannot be forced to stay in a marriage. Of course, the best case scenario for a divorce is that both you and your spouse agree and can amicably reach a resolution; however, this is not always possible for all couples.

If your spouse does not want to get a divorce or is ignoring your requests, it can complicate the filing process.

Do You Have to Wait On Your Spouse for an Agreement?

It is also possible that you may have already started your divorce negotiations only to be met with refusal or contentious behavior from your spouse. They may refuse to agree on any aspect of the divorce or agreement, even with attempts to compromise. They may do this due to their own desire not to end the marriage. Giving up control and consenting to the end of their relationship may be difficult for them to accept.

However, you do not have to wait on your spouse in these situations. You can continue to proceed with your divorce.

Filing For a No-Fault Divorce in Florida

Thankfully, Florida is a no-fault divorce state. This means that you do not need a reason to file for a divorce, other than you do not want to be married anymore and that the marriage is “irretrievably broken.” You do not have to place blame or fault on your spouse and can file for divorce even if they do not want it to take place. If you are moving forward with the divorce, this may be the best option for you. However, there are still some things to keep in mind.

Do Not Forego Your Legal Rights

When a spouse is dragging their feet on a divorce, it will be crucial to secure legal representation to assist you through the process. Once you “lawyer up,” you may notice that your spouse feels additional pressure on them. They may try to negotiate or push for an agreement that will come to your detriment. Furthermore, they may even withhold their signature or important documents and information.

Having an attorney in these situations is key. They will be able to aggressively defend you and your case, ensuring that you receive what you are entitled to.

Taking The Case to Court

If your spouse is ignoring your attorney and requests to comply, the case may need to go to court. Divorce hearings are a viable option, however, it is important to note that this will bring additional costs to the divorce process. But there are times when this is absolutely necessary, specifically when your spouse refuses to engage in the process. If your spouse does not show up in court, then they will not have the opportunity to have their say in court.

Agreements Are Ideal

While taking your case to court is always an option, it is ideal to reach a divorce agreement. There are different ways that you can make this happen. Your divorce attorney will be able to provide insights and options depending on your case. For example, it may be possible for terms to be reached through communication from your respective attorneys.

Aggressive Representation Here For You

If you are filing for a divorce in Florida, but your spouse is refusing to accept your decision, it is important to have legal representation in place. The team at Autumn Beck Blackledge PLLC is prepared to aggressively advocate for your needs, and help you reach a resolution.

Contact our office today at (850) 404-7263 to schedule a consultation with one of our experienced divorce attorneys!