What Happens If I Do Not Want A Divorce?

It is not uncommon for a spouse to start the divorce process when their partner does not want to end the marriage. One person may think there is a chance of resolving the couple’s differences, or they may not want to legally dissolve their marriage for other reasons. If your spouse has started divorce proceedings, but you do not consent to it, you may think you are out of options. While it is true that your options will be limited, there is something you can do.

Florida is a No-Fault Divorce State

Florida is among seventeen states that follow no-fault laws in divorce cases. This means that if one spouse wants to file for divorce, they must only state that the marriage is irretrievably broken. The filing spouse does not have to allege fault or wrongdoing on the part of their spouse and the court will not take fault into consideration when finalizing the divorce.

In most cases, the divorce will still proceed even if one spouse does not consent to ending their marriage. Still, there is something one can do if they are very against the divorce process.

How to Dispute a Divorce

In some cases, a spouse can dispute the fact that their marriage is irretrievably broken. However, the couple must have a child together to raise this argument. In this case, the spouse that disputes the divorce can ask the court to order marriage counseling, just as they order parenting courses during the divorce process.

If the court complies with this request, they may order one or both spouses to meet with a marriage counselor, psychiatrist, psychologist, priest, minister, rabbi, or any other professional the court deems is qualified. The court will usually place the divorce proceedings on hold for approximately three months if the couple undergoes counseling. During that time, the couple may try to reconcile. The court can also take any other action it deems to be in the best interest of the children and the parties involved.

Disputing a Divorce is Very Difficult

Although one party can dispute a divorce by asking the court to order counseling, this option is rarely used. This is because if one person wants to end their marriage, counseling is usually not effective. By the time a person has made the decision to start the divorce process, they have usually given it a lot of thought and intend to go through with it.

Our Divorce Lawyers in Tampa Bay Can Help with Your Case

If you want to start the divorce process, our Tampa divorce lawyers at All Family Law Group, P.A. can help with your case. We will outline all of the options you have during the process, negotiate with the other side, and always ensure your best interests are upheld so you recover the fair settlement you deserve. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation with one of our skilled attorneys today.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.21.html