If you decide to file for divorce, one important step you need to take is to serve the divorce papers to your spouse. Once they receive this divorce petition, they are supposed to review the terms and submit their answer.
Some couples agree on the terms and have a relatively smooth divorce. But other couples will disagree in key areas, such as property division and child custody terms, and they go through a contested divorce.
However, say that your spouse is not interested in getting divorced in the first place. They decide that the best way to avoid the proceedings is simply to refuse to answer the divorce petition at all. You serve them the papers and they just ignore it. They never respond. Does this mean it is impossible to get divorced?
A default divorce judgment
No, this does not offer them a way out. It does delay the process. Under Florida state law, they have 20 days to respond to the divorce papers. You still have to wait for this amount of time, even if you believe they are not going to respond.
But if that deadline elapses and they still have not taken action, you can ask the court for a default divorce judgment. Typically, this means that the court reviews the documentation, signs off on the terms and authorizes the divorce, even without your spouse’s involvement. You can still end your marriage, even if they will not cooperate.
This can make the process a bit more contentious and potentially complicated. It is helpful to work with an experienced family law attorney at this time.