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My Spouse Wants a Divorce but I Do Not—What Happens Now?


Is your spouse considering/preparing to file for divorce in Florida? If you do not want to get a divorce, you probably have a lot of questions about your legal options. At the Law Office of Gale H. Moore P.A., we are a family law firm that helps clients protect their rights and secure their future. Here, our Clearwater divorce lawyer explains the most important things that you should know about your rights and your options if your spouse wants a divorce but you do not in Florida.

Know that You Cannot Unilaterally Prevent Divorce (No-Fault in Florida) 

Under Florida law (Florida Statutes § 61.052), couples can get divorced on the no-fault grounds of an irretrievably broken marriage. A single spouse’s testimony that their marriage has broken down and cannot be fixed is sufficient to get a divorce. Even if you do not want a divorce, you cannot stop the process solely on the basis of your non-consent. The courts require only that one spouse deems the marriage “irretrievably broken” to grant a divorce.

 Consider Your (Realistic) Chances for Reconciliation 

If your spouse wants to get divorce and you want to save the marriage, there may still be hope to do so. It is important to realistically assess the possibility of reconciliation. If both spouses are open to it, marriage counseling or another form of therapy might be a viable option. However, it is crucial to recognize when efforts toward reconciliation might be unproductive or delay the inevitable. In cases where one spouse is firm on proceeding with the divorce, it might be more beneficial to focus on the future. The reality is that not all marriages can be saved.

 Get Organized and Be Prepared for the Future

 Preparing for a divorce involves more than just emotional readiness; organizational preparedness is equally crucial. Begin by gathering all financial documents, including bank statements, tax returns, and investment records. Understanding your financial situation is key to negotiating terms of the divorce such as property division, alimony, child custody, and child support

 Do Not Ignore the Divorce Process 

What happens if you simply refuse to cooperate with the divorce process at all? In Florida, it will not prevent the divorce from going forward. Though it could make the process more frustrating, it will end up in an (unfavorable) default divorce being entered against you. In other words, the divorce will go forward without you having any input into the process. A default divorce should be avoided.

 Contact Our Clearwater, FL Divorce Attorney Today

At the Law Office of Gale H. Moore P.A., our Clearwater divorce lawyer provides solutions-focused advocacy to clients. If you have any questions or concerns about the process for ending a marriage in Florida, please do not hesitate to contact our family law team for a confidential initial case review. With an office in Largo, we handle divorce cases in Clearwater and throughout Pinellas County.

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