Florida Divorce Without Spousal Consent
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FAQ
Filing for Divorce Alone in Florida The courts in Florida allow people to file for divorce alone. This means that if your spouse has disappeared and you suspect they are refusing to cooperate with the process, you can still petition the court for a divorce.
Some people simply don't want their marriage to end and are holding on to the possibility that their union can be saved if only they had a little more time. This is perhaps the least manipulative reason to delay divorce; some people just have difficulty letting go or truly believe that they can patch up the marriage.
Florida is one of the many states that have abolished fault as a ground for dissolution of marriage. The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is ?irretrievably broken.? Either spouse can file for the dissolution of marriage.
Default Divorce in Florida If a response is not filed within 20 calendar days of being served the petition, a default may be entered. If a default is entered, the case can continue without participation by the defaulted party. Moreover, the Court can enter the default without even conducting a hearing on the matter.
Typically, the respondent has 30 days to respond to divorce papers. If he or she fails to do so, the judge could rule in favor of the petitioner. This is known as a default judgment. The respondent has no rights and will have no ruling that favors their interest should a default judgment be handed down by the judge.