You have been thinking that your marriage may have run its course, and you want to get a divorce. But whenever you bring it up to your spouse, they do not agree at all. They do not want to end the marriage, and they refuse to do so. Perhaps they even tell you that they are not going to let you get divorced or that they will not allow it.
They may simply be trying to intimidate you into dropping the subject or manipulate you in some way, but it can feel concerning. Do they actually have the ability to prevent you from getting divorced?
Their cooperation is not required
Ideally, when you file for divorce and serve them the divorce petition, your spouse will review the paperwork and then respond to it. Florida law gives them 20 days to do so, in most cases. After getting the response, the court sets up the initial hearings, and the case moves forward.
But if they refuse to collaborate, they may not respond to the divorce petition. They may not attend any court hearings. They may tell you that they are not going to get divorced and simply refuse to do so.
If this happens, you can still get a default divorce without their involvement. You will not be trapped in your marriage, and you still have the option to end it, even if they do not want to.
This lack of cooperation certainly can complicate the divorce process in many ways, and you do have to give your spouse the appropriate amount of time to respond, whether they plan to do so or not. Just be sure you know what legal steps to take, and rest assured that divorce is still possible.
