Legal Question in Family Law in Florida

I have a 2 part question. I live in Florida and have given my wife papers for an uncontested divorce. The problem is she has had them for two weeks, and will not sign them. Not a huge issue except the lease is up on our apartment and I want to buy a home instead of renting. I have assets that I acquired before even meeting my wife that I can use for down payment. Seeing as how she is being pretty childish about all this, I think she is stalling to annoy me. So here is my question.

1. How can I get this divorce through without her signing?

2. If I buy a house AFTER seperation, but before we are officially divorced, does she have rights to it?


Asked on 7/19/10, 5:39 pm

2 Answers from Attorneys
Carmen Demapan Blind Ear Law Group, PA.

What you can probably do is 1) serve her the divorce papers. If she tries to avoid responding, then you can get a default entered against her and then go forward with your divorce uncontested. 2) If you buy a house after separation, you will still need her to sign a waiver so that she is not entitled to anything related to the purchase of the home. Frankly, it's best to hold off and see how she responds to the service of divorce papers.

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Answered on 7/19/10, 9:04 pm
Lucreita Becude Lucreita D. Becude, P.A.

If you are in my area of town, call for an appointment.

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Answered on 7/20/10, 6:17 am


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