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Can I Get Divorced in Florida Even if My Spouse Does Not Want a Divorce?

Florida is a no fault state. Even if your spouse does not want a divorce, you may obtain one. Most good attorneys always ask their clients if they have been to marriage counseling. If they have not, a good attorney usually asks if counseling would help.

If the client says he/she has been to counseling, or he /she says that counseling will not work, then the client may proceed and file a petition for dissolution of marriage. The other spouse may request a cooling off period and marriage counseling. However, usually a few sessions of counseling with a therapist will meet that requirement. Then you are allowed to proceed with your divorce.

Your spouse may try to drag the process out. He/she may do this by not agreeing to anything. However, the divorce at that point is inevitable. The spouse that does not want a divorce may file interrogatories, requests to produce, and take depositions. They can hire experts too, if appropriate. The experts can be a custody evaluator, a GAL, or forensic accountant.

However, you may request a temporary hearing on the matters. You may also request mediation. After mediation is attended, you may request a trial date. During this whole process, the other spouse may come to be more accepting of the fact that you are getting a divorce.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.