What Happens If My Spouse Won't Sign Divorce Papers in Florida?

Quick Answer: Your spouse cannot prevent your divorce. If they refuse to sign or respond, you can proceed with a default divorce after they're properly served.

Your Spouse Cannot Stop the Divorce

Florida is a no-fault divorce state. This means:

You only need to state the marriage is "irretrievably broken"
Your spouse's agreement is NOT required
Their refusal to participate doesn't stop the process

The Process When Spouse Won't Cooperate

Step 1: File Your Petition

File your Petition for Dissolution of Marriage with the court, just like any divorce.

Step 2: Serve Your Spouse

Have your spouse formally served with divorce papers. Service options:

Sheriff's service
Private process server
Service by publication (if spouse can't be found)

Step 3: Wait for Response Period

Your spouse has 20 days to respond after being served.

Step 4: If No Response - File for Default

If your spouse doesn't respond within 20 days:

File a Motion for Default

Clerk enters default against spouse

Schedule a default final hearing

Step 5: Default Hearing

You'll present your case to the judge. Since spouse defaulted:

They lose the right to contest
Judge reviews your proposed settlement
Divorce is granted

Timeline for Default Divorce

Stage	Timeline
Filing	Day 1
Service	Days 1-14
Response Period	20 days from service
Default Motion	Day 21+
Final Hearing	2-4 weeks after default
Total	6-10 weeks

What About Property and Custody?

In a default divorce, the court:

Divides property based on your proposed settlement
Establishes custody per your parenting plan
May adjust if proposals seem unfair

Important: Even in default, courts protect children's interests and ensure basic fairness.

What If Spouse Is Hiding?

If you can't locate your spouse:

Make diligent search efforts

Document your search attempts

Request service by publication

Publish notice in newspaper for 4 weeks

Proceed with divorce

Common Scenarios

Spouse Ignores Papers: After 20 days, file for default.

Spouse Says They Won't Sign: Doesn't matter—proceed with default.

Spouse Is Avoiding Service: Use alternative service methods.

Spouse Responds But Won't Cooperate: Case proceeds as contested divorce.

Get Help With an Uncooperative Spouse

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Frequently Asked Questions

Can my spouse stop our divorce by refusing to sign papers in Florida?

No. Florida is a no-fault divorce state, meaning your spouse cannot prevent the divorce. If they refuse to sign or respond within 20 days of being served, you can file for a default divorce and proceed without their participation.

What is a default divorce in Florida?

A default divorce occurs when your spouse fails to respond to the divorce petition within 20 days of being served. You can file a Motion for Default, and the court will grant the divorce based on your proposed terms since your spouse gave up their right to contest.

How long does a default divorce take in Florida?

A default divorce typically takes 6-10 weeks: 1-2 weeks for service, 20 days for the response period, then 2-4 weeks to get a final hearing scheduled after filing for default.

What if I can't find my spouse to serve divorce papers in Florida?

If you can't locate your spouse after diligent search efforts, you can request service by publication. This involves publishing a notice in a local newspaper for 4 consecutive weeks, after which you can proceed with your divorce.

What Happens If My Spouse Won't Sign Divorce Papers in Florida?