Legal Question in Family Law in Florida
I live in Florida and I'm filing the divorce papers to court, but my wife doesn't want to sign the divorce papers even though we had been separated for almost 2 years. Can I still turn in the dissolution of marriage and other papers without her signature to the court?
4 Answers from Attorneys
You do not need an agreement and corporation for a divorce to proceed. You need to consult with an attorney. If she does not sign you can proceed with a contested dissolution (divorce) which will require proper Petition and Pleadings filed with the clerk and served on her by the sheriff or authorized process server. Once served, she will have 20 days to respond or you can move for default.
If she is unwilling to sign the papers (for what I assume would be a Simplified Dissolution), you would still be able to proceed with a contested dissolution of marriage. However, you would not be able to use the same petition.
Before filing any documents, you may want to consult with a family law attorney in your area to discuss your situation and your options.
There are three kinds of divorce of divorce in Florida:
1) Simplified, which is where both sides agree to divorce, and the couple has no children together and little or no marital property.
2) Uncontested, which is where the couple agrees to divorce and agrees how to split property and debt and, if they have children, agree on all children's issues.
3) Contested, which is where at least one person wants a divorce and the couple has not agreed on at least one issue regarding property, debt, or the kids.
Your divorce will fall into category 3. The issue of getting a divorce cannot be fought. You'll have to settle or go to trial on the issues regarding property, debt, and/or the kids.
yes you do not need her signature. It only takes one person to get a divorce.