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Date Posted: February 24, 2025 1:57 am
Getting divorced in Florida doesn’t always require both spouses to agree or sign papers. A one-signature divorce can be a solution when your spouse won’t cooperate or can’t be found.
You can file for divorce in Florida even if your spouse refuses to sign the paperwork. You just need to meet the state’s residency requirements and prove the marriage is broken beyond repair.
To start the process, you must live in Florida for six months before filing. This rule helps establish the court’s authority to handle your case.
The state recognizes that sometimes marriages end without both parties being willing to participate in the legal process.
Florida courts allow no-fault divorces, which means you don’t need to prove your spouse did anything wrong. You simply need to show that your marriage is irretrievably broken and cannot be saved.
A one-signature divorce allows people to end their marriage even when they cannot locate their spouse. This process differs from standard divorces because only one spouse needs to sign the paperwork.
A one-signature divorce is a legal method of dissolving a marriage when one spouse cannot be found. It’s also known as a “divorce by publication” or “missing spouse divorce.”
To qualify for this type of divorce in Florida, the filing spouse must prove they’ve made genuine attempts to find their partner. At least one spouse must have lived in Florida for six months before filing.
This process differs from an uncontested divorce, where both spouses agree to the terms and sign the paperwork.
Many people think a one-signature divorce means automatic approval, but the court still requires proper documentation and proof of searching for the missing spouse.
The process requires publication in a local newspaper to notify the absent spouse. This step is mandatory, not optional.
Some believe this type of divorce happens quickly. In reality, the process takes several months due to legal requirements and waiting periods.
The filing spouse cannot skip the search requirements. Before pursuing this option, they must show evidence of attempting to locate their spouse through various methods.
Getting divorced in Florida requires meeting specific legal criteria and following established procedures, even when only one spouse signs the paperwork.
At least one spouse must have lived in Florida for at least six months before filing for divorce.
The filing spouse must provide the court with proof of residency. A valid Florida driver’s license is acceptable documentation.
This residency rule helps establish proper jurisdiction for the court to handle the divorce case.
Florida operates as a no-fault divorce state. The filing spouse only needs to state that the marriage is “irretrievably broken.”
No proof of wrongdoing or specific reasons for the divorce are required.
This simplifies the filing process since blame does not need to be assigned to either party.
The filing spouse must properly serve divorce papers to their partner through approved legal channels.
After being served with divorce papers, the non-filing spouse has 20 days to respond.
If the non-filing spouse fails to respond within this timeframe, the court may grant a default judgment in favor of the filing spouse.
The divorce can proceed even without the other spouse’s signature, which may extend the process timeline.
Both parties should maintain copies of all filed documents and proof of service for their records.
A one-signature divorce in Florida allows you to end your marriage even when your spouse won’t participate.
Florida law requires at least one spouse to have lived in the state for six months before starting the process.
The divorce process starts when one spouse files a petition for dissolution of marriage with the circuit court. The filing spouse must include all required information about property, children, and desired outcomes.
The court clerk assigns a case number and provides stamped copies of the petition. These documents need proper service to the other spouse.
If applicable, a marital settlement agreement, which outlines proposed terms for property division, alimony, and child custody, can be included with the petition.
The court may grant a default judgment when a spouse doesn’t respond to adequately served divorce papers. This allows the divorce to proceed without the other spouse’s participation.
The filing spouse must attend a brief court hearing. They present evidence supporting their requests for property division and other matters.
The judge reviews all paperwork to ensure it meets legal requirements. If approved, the court issues a final judgment of dissolution of marriage.
Some spouses agree to sign a waiver of service, which acknowledges receipt of the divorce petition without requiring formal service.
The waiver speeds up the process and reduces costs. Both parties can still negotiate terms even after signing.
This path often leads to a faster resolution since there’s no waiting period for service or response deadlines. Most uncontested divorces with a waiver take 4-6 weeks to complete.
Need a divorce, but your spouse won’t cooperate? Ann Goade, Esq. can help you easily navigate Florida’s one-signature divorce process. Schedule a consultation today and take control of your future!
If you’re ready to get started, call us now!
A one-signature divorce offers unique advantages and challenges for spouses seeking to end their marriage in Florida when one party refuses to participate or cannot be located.
A one-signature divorce can move forward without both parties’ active participation, saving time and reducing emotional stress.
It gives the filing spouse control when the other party is uncooperative or absent. However, the court can still decide on marital assets, debts, and support obligations.
If the other party fails to respond, the filing spouse can request default judgments on important matters like equitable distribution and alimony.
Legal fees may be lower since there’s less back-and-forth negotiation between parties.
The absent spouse’s lack of participation can make resolving complex issues like the division of marital property and debt allocation harder.
Child custody and support arrangements become more challenging when one parent isn’t involved in the process.
The court may take longer to finalize the divorce to ensure the absent spouse’s rights are protected.
The absent spouse might later challenge the divorce terms, potentially leading to costly legal proceedings.
Getting accurate financial information for fair asset division becomes difficult without the other spouse’s cooperation.
Filing a one-signature divorce in Florida requires proper documentation and the following of specific legal procedures. Before starting the process, at least one spouse must have lived in Florida for six months.
To start the divorce process, the petitioner must gather several important documents. A valid Florida driver’s license, voter registration card, or state ID proves residency.
The main form needed is the Petition for Dissolution of Marriage. This document outlines the basics of marriage and the reasons for divorce.
Required Documents:
Take the completed divorce forms to the county clerk’s office where either spouse lives. The clerk will process the paperwork and assign a case number.
The required filing fee varies by county. Fee waivers are available for those who cannot afford to pay.
Make copies of all filed documents for personal records and to serve to the spouse.
A process server or sheriff must deliver the divorce papers to the other spouse. This ensures legal proof that the spouse received the documents.
The server will complete a proof of service form after delivering the papers.
If the spouse cannot be found, the court may allow service by publication in a local newspaper.
The served spouse has 20 days to respond to the divorce petition. During this time, they can file an answer or counter-petition.
If no response is received, the petitioner can request a default judgment.
Both parties must complete the mandatory disclosure requirements, including detailed financial information.
Schedule a final hearing with the court after the response period ends.
The judge reviews all paperwork. They may ask questions about:
Once approved, the judge signs the final judgment of dissolution of marriage. This legally ends the marriage.
Request certified copies of the divorce decree for personal records.
Don’t let a missing or uncooperative spouse delay your fresh start. With Ann Goade, Esq., you can move forward confidently. Get professional guidance on Florida’s divorce laws. Book your consultation now!
If you’re ready to get started, call us now!
A one-signature divorce requires careful planning and awareness of the legal, financial, and personal consequences.
Getting professional advice and understanding your rights helps protect your interests during this process.
Missing court dates or avoiding participation can limit negotiating power in important property division and child custody decisions. Therefore, showing up for all required appointments is essential to protect legal rights.
The non-participating spouse gives up their chance to contest essential matters like:
A family law attorney can help create a fair parenting plan that serves the best interests of any minor children involved.
Consulting a Florida divorce attorney before proceeding helps protect legal rights and financial interests. A qualified family law attorney can review the proposed settlement terms.
Professional guidance ensures:
Meeting residency requirements is crucial. At least one spouse must live in Florida for six months before filing.
The decision to proceed without the other spouse’s participation can affect relationships long after the divorce. This is especially important when children are involved.
A rushed or poorly planned divorce may create:
Taking time to think through these decisions can prevent future complications. Many couples benefit from consulting with mental health professionals during this process.
Getting a divorce in Florida without both signatures requires understanding specific legal requirements and following the proper procedures through the court system.
Florida law requires at least one spouse to live in the state for six months before filing for divorce, which establishes court jurisdiction.
A spouse can proceed with a divorce even if the other party refuses to sign or participate. After proper service attempts, the court can grant a default judgment.
The non-responding spouse still has legal rights. They can join the proceedings at any time before the final judgment.
Your divorce shouldn’t be on hold just because your spouse won’t sign. Ann Goade, Esq. has the experience to guide you through a smooth legal process. Take the first step today—schedule your consultation!
What is a one‑signature divorce in Florida?
A one‑signature divorce allows a petitioner to finalize a divorce even if the other spouse refuses to sign or respond, thanks to Florida’s no‑fault divorce laws and default judgment process.
Can I file for divorce if my spouse won’t sign the papers?
Yes. In Florida, if your spouse fails to respond or sign within 20 days after being served, the court may grant a default divorce based solely on your petition.
What are the residency requirements for filing a divorce in Florida?
At least one spouse must have been a Florida resident for a continuous period of six months before filing the divorce petition.
How does the default divorce process work in Florida?
When a served spouse does not respond within the 20‑day period, the petitioner can request a default judgment, allowing the divorce to proceed without the other party’s input.
What are the potential risks of a one‑signature divorce?
Risks include having less influence over the final terms—such as property division, custody, or support—since the unresponsive spouse forfeits their right to negotiate.
How long does a one‑signature (default) divorce typically take?
If the non‑responding spouse remains silent, the process may be finalized within a few months after the 20‑day response period and a subsequent court hearing.
Should I hire an attorney for a one‑signature divorce in Florida?
While it’s possible to file on your own, consulting a qualified family law attorney is recommended to ensure your rights are protected and all legal requirements are met.
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