Can I Get Divorced if My Spouse Won’t Sign?

By Nadia Pazos, Family Law Attorney, Pazos Law Group · May 2026  ·  ← All blog posts

Which Florida Statutes Govern a Dissolution of Marriage? (Chapter 61, 2025 Fla. Stat.)

A Florida divorce is a statutory proceeding. Fla. Stat. § 61.021 sets the residency requirement, and the rest of chapter 61 controls every stage that follows. Every proposition below is tied to the pinpoint subsection that supports it. Links go to the official text published by the Florida Legislature.

• § 61.021 — requires one party to have resided in Florida for 6 months before filing the petition.
• § 61.052 — permits dissolution on a finding that the marriage is irretrievably broken, or on mental incapacity meeting the statutory conditions — Florida is a no-fault state.
• § 61.19 — bars entry of a final judgment until at least 20 days after the petition is filed, unless the court finds injustice would result from the delay.
• § 61.071 — authorizes alimony pendente lite and suit money while the case is pending.
• § 61.075(1) — requires the court to begin equitable distribution from the premise that it should be equal.
• § 61.075(7) — fixes the classification cut-off at the earlier of a valid separation agreement or the filing of the petition.
• § 61.075(9) — directs the court to divide the estate first and consider alimony afterward.
• § 61.08(1)(a) — lists the available forms of alimony: temporary, bridge-the-gap, rehabilitative, and durational.
• § 61.08(2)(a) — requires a finding of the requesting party’s need and the other party’s ability to pay.
• § 61.13(2)(c)1. — presumes equal time-sharing is in the child’s best interests, rebuttable by a preponderance of the evidence.
• § 61.13(2)(b) — sets the mandatory minimum contents of a parenting plan.
• § 61.30(1)(a) — makes the child support guidelines schedule the presumptive amount.
• § 61.16 — governs attorney’s fee and cost awards between the parties.
• § 61.14 — governs post-judgment modification and enforcement.
• § 44.102(2)(c) — requires referral of custody, visitation, and parental-responsibility disputes to family mediation, with an exception where a history of domestic violence would compromise the process.
• § 44.405 — governs mediation confidentiality, the mediation privilege, and its exceptions.
• § 61.183 — governs mediation of contested family issues; the public-records exemption is in subsection (3).
• §§ 61.501–61.542 — the UCCJEA determines which state may decide the parenting issues.

Source: Florida Legislature, 2025 Florida Statutes. Fla. Stat. ch. 61 Fla. Stat. ch. 61

“in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors” — Fla. Stat. § 61.075(1)

“In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable.” — Fla. Stat. § 61.08(1)(a)

“Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” — Fla. Stat. § 61.13(2)(c)1.

Answers to the Questions the Statute Actually Decides

How long must you live in Florida before filing for divorce?

Six months. § 61.021 requires one of the parties to have resided in the state for 6 months before the petition is filed. Residency is typically proved by a Florida driver license, voter registration, or the corroborating testimony of a third party.

What is the shortest a Florida divorce can take under § 61.19?

Twenty days. The statute bars entry of a final judgment until at least 20 days after the petition is filed, unless the court finds that injustice would result from the delay. That is a statutory floor, not a typical timeline — contested cases run far longer.

Do you need to prove fault to get divorced in Florida?

No. Under § 61.052 a court may dissolve the marriage on a finding that it is irretrievably broken. The other statutory ground is mental incapacity meeting the conditions the section sets out. Fault is not an element, though § 61.08(1)(a) lets the court consider adultery and its economic impact when setting alimony.

Is mediation required under § 44.102(2)(c)?

Where a family mediation program exists and the court finds a dispute, § 44.102(2)(c) requires referral of custody, visitation, and parental-responsibility issues to mediation. The same paragraph directs the court not to refer a case on a party’s motion where it finds a history of domestic violence that would compromise the process.

Statutory authority checked against the 2025 Florida Statutes on 6 August 2026.

Florida is a no-fault state. Your spouse cannot prevent a divorce by refusing to sign, refusing to engage, or simply ignoring the process. The case will move forward — just on a different track.

One of the most common misconceptions about divorce is that both spouses must agree before a marriage can end. In Florida, that is not true. A spouse who wants a divorce can obtain one whether or not the other spouse cooperates. The path looks different depending on what the other spouse does, but the outcome — the dissolution of the marriage — is the same.

Florida Is a No-Fault State

Under Fla. Stat. § 61.052, the petitioner needs only to allege that the marriage is irretrievably broken. There is no requirement to prove fault, no requirement for the other spouse to agree the marriage is broken, and no waiting period for separation before filing.

This means a Florida court will dissolve a marriage even if one spouse contests the dissolution itself. The court’s only inquiry is whether the marriage is irretrievably broken — if the petitioner says it is, that is generally enough.

What “Won’t Sign” Actually Means

“Won’t sign” can mean several different things in practice. Each leads to a different path:

1. The spouse refuses to sign a marital settlement agreement

This is the most common scenario. The spouse is engaged in the case but disputes the proposed terms — whether about asset division, alimony, time-sharing, or something else. This is a contested divorce and proceeds through discovery, mediation, and, if needed, trial. The judge will decide the disputed issues based on Florida law.

2. The spouse refuses to be served with the petition

Service of the divorce petition is a procedural requirement, but a spouse cannot avoid divorce by avoiding service. Florida law allows several alternatives:

• Personal service by a process server or sheriff.
• Substitute service on a person residing at the spouse’s usual place of abode in certain circumstances.
• Service by publication when the spouse’s whereabouts are unknown after a diligent search.

Service by publication has limitations — particularly that it may not allow the court to enter personal money judgments — but it typically allows the court to dissolve the marriage itself.

3. The spouse is served but never responds

If the served spouse fails to file an answer within 20 days, the petitioner can move for a default. Once a default is entered, the court can grant the relief requested in the petition without further input from the non-responsive spouse. A default divorce is typically faster than a contested divorce because there is no opposing position to litigate.

Default divorces still require the petitioner to prove the basic elements of the case — residency, that the marriage is irretrievably broken, and the financial information needed for the court to enter equitable orders. The court will not simply rubber-stamp the petition; the petitioner still appears at a final hearing.

4. The spouse cannot be located

If the spouse’s whereabouts are unknown, the petitioner must conduct a diligent search — documenting attempts to locate the spouse through last-known addresses, employers, family members, and public records. After demonstrating the diligent search, the court allows service by publication. The case can then proceed even though the spouse may never know about it. The dissolution itself is generally enforceable, though personal money judgments may not be.

What About Property and Children?

Even when one spouse refuses to participate, the court will still resolve property division, alimony, and parenting issues. The non-participating spouse simply forfeits the opportunity to argue their position. Specifically:

• Equitable distribution proceeds based on the petitioner’s evidence and applicable law.
• Alimony may be awarded if the petitioner can show need and ability to pay.
• Time-sharing and parental responsibility are determined under the best-interests-of-the-child standard, regardless of whether one parent participates.
• Child support is calculated under the Florida child support guidelines.

A non-participating spouse who later wants to challenge the result faces a high bar. Default judgments can sometimes be set aside for excusable neglect or other limited grounds, but a spouse who simply chose not to engage rarely succeeds.

Strategic Considerations

Even though Florida law allows a divorce to proceed without consent, the path matters:

• Default divorces are faster but limited. The court can dissolve the marriage and order what the petition requested, but disputes that arise later (especially financial ones) may require additional litigation.
• Contested divorces are slower but resolve more comprehensively. A fully litigated outcome leaves fewer loose ends.
• Service by publication has limits. If significant assets, alimony, or jurisdiction over the absent spouse are involved, personal service is strongly preferred.
• The non-cooperative spouse’s strategy may be a delay tactic, not a refusal. An experienced family law attorney can usually move the case forward despite obstruction.

The Bottom Line

In Florida, you do not need your spouse’s permission to get divorced. If your spouse will not cooperate, the case proceeds anyway — through contested litigation, default, or service by publication. The right path depends on the specifics of your situation. A consultation with a Miami-Dade family law attorney can help you choose the most effective approach.

Frequently Asked Questions

Related Reading

• Florida Divorce Timeline
• How Much Does a Florida Divorce Cost?
• Florida Divorce — Complete Guide
• Florida Family Law Glossary — 32+ Plain-English Definitions
• Florida Alimony 2026: The 4 Types After 2023 Reform

Get Help in Your City

Pazos Law Group represents clients throughout South Florida:

• Coral Gables Divorce Attorney
• Doral Divorce Attorney
• Brickell Divorce Attorney

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.