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

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

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

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.