Can I Get a Divorce Without My Partner’s Consent in Florida?

The divorce consent in Florida process frequently poses a financial and emotional burden on affected parties. If you deem your reasons for divorce valid enough but still have an unwavering partner, the process can even be much more stressful. While it is favorable to have both parties on the same page, it is still possible to file for  divorce without your partner’s consent in Florida, provided that you meet the requirements. Most importantly, you must have resided in Florida for at least six months to file divorce without partner’s consent in Florida

Different situations may warrant an unconsented divorce. Each case influences your divorce process and requirements. Some recognized reasons why you might file for an unconsented divorce without partner’s consent in Florida include the following:

• If your spouse is out of state;
• if they cannot be located or;
• if your spouse refuses to sign the necessary papers and participate in the process.

Here’s how each situation affects your divorce process.

Your Spouse Is Out of State

If your partner is outside Florida and you wish to still go ahead with the process, you may file for a divorce provided you or your spouse have lived in the state for a minimum of six months before the filing.

However, if your out-of-state spouse refuses to consent to the process, you may initiate the filing if these two requirements are met:

1. Both you and your partner maintained a home together in Florida.
2. Your out-of-state spouse waived the right to contest jurisdiction after being served the divorce papers.

If Your Spouse Is Not Compliant with The Process Consent In Florida

If your spouse refuses to sign the divorce papers or participate in the application process, you may still initiate it without their full consent. However, the divorce process and requirements may vary depending on the reason for separation. It is best to seek the advice and service of an experienced divorce lawyer to get the right information and smoothen the process.

If Your Spouse Cannot Be Located

A missing partner is usually the most complicated situation. However, this doesn’t necessarily jeopardize your application process. To go ahead with filing for a divorce, you need to have satisfied the following requirements:

• Conduct a thorough search to prove you’ve taken the necessary measures to locate your partner
• Fill out the state affidavit for a Diligent Search and Inquiry and get the court’s approval
• Get a divorce by publication

Separating from a partner without their consent is sometimes a complicated situation which is why it’s in your best interest to hire a professional divorce attorney to make the process as seamless as possible.