Can I oppose a divorce in Florida?
Yes, in Florida, divorce may be opposed by one party, but that does not mean that no divorce will take place. As a no-fault state, in Florida, only one spouse can claim the marriage is irretrievably broken, and make a request for the divorce proceedings to go forward. The most that the respondent spouse can do is delay the proceedings through requests for counseling or mediation, or by filing a counter-petition refuting the claims of the spouse requesting a divorce. If your marriage is broken and you would like a divorce, but simply don’t agree on the information provided in the petition for dissolution of marriage, you will have 20 calendar days to file your counter-petition stating what you disagree with or deny the initial petition.
Ignoring the divorce petition is NOT an option if you want to maintain your marriage. If the respondent spouse fails to respond, he or she will be deemed to have given up his or her chance to contest the divorce, which is enough to enter a default judgment against him or her. If this happens, the court may grant the petitioner spouse’ wishes and as long as the court finds that the requests are reasonable, they will likely be granted.
If you are married and wish to maintain that status with your spouse, the only guaranteed way to avoid divorce proceedings is to get your spouse on board with repairing and maintaining the relationship and making a plan together to follow through. No matter how much you want to stay in the relationship, if you and your spouse aren’t both willing to give it another shot, they can move forward with divorce proceedings whether you like it or not. While both parties have to want to stay in a marriage for it to last, only one party has to want out for it to be over.
For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.
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