Divorce proceedings in Florida don't require both parties to agree. Even if your spouse refuses to cooperate or sign divorce papers, you can still file for a no-fault divorce. In Florida, irretrievable breakdown of marriage is recognized as a valid reason for divorce.
How to fill out the Final Decree of Divorce Instructions and Template? Review the form instructions thoroughly. Gather all required information about both spouses. Carefully fill out each section of the form. Check your entries for accuracy and completeness. Submit the completed form to the appropriate court.
If the missed date occurs at the beginning, and would be the first appearance for a party, the court can enter a default judgment in favor of the petitioning spouse. A default judgment essentially means the court awards the party who filed the petition everything he/she requested.
Court Hearings If you filed a simplified divorce, then you and your spouse MUST appear before the court on the scheduled final hearing date. If you filed a regular Petition for Dissolution of Marriage, then only one of you will be required to appear at the final hearing.
The short answer, for every scenario except standard uncontested dissolution, is no. You will have to be present in court for your divorce. In all Florida divorce cases, at least one of the spouses needs to appear in court, and in the majority of cases, both spouses need to be present.
Bennett, a family law attorney in Woodland Hills, CA for over 30 years. “The courts will grant your divorce whether or not your spouse wants out of the marriage, since marriage can only exist if both parties consent to it.”
An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. For instance, you might agree with paragraphs 1, 2, 3, 7, 8 of the complaint for divorce, but disagree with paragraphs 4, 5, 6 of the complaint for divorce. Write that in the Answer.