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Opposing a Divorce – Do both parties have to agree?

by | Dec 29, 2021 | Blog |

According to recent studies, somewhere between 40 and 50% of current marriages will end in divorce. This begs the question: do both parties always agree that ending a marriage is the right thing to do? Do all parties have to agree? Under Florida law, a spouse who does not want a divorce cannot prevent the process from taking place. It is a common misconception that should a spouse simply refuse to sign divorce papers, the divorce cannot proceed. Florida courts may choose to grant a divorce, even if one spouse refuses to agree. However, oppositions towards divorce can not only lengthen the process, but create a financial hardship as well. The average cost of divorce in the state of Florida is $13,500 if your divorce does not include children… And a staggering $20,300 when children are involved.

Refusing to sign and disagreeing with the terms

Though there are many cases in which refusing to sign the divorce papers is an attempt at making the process harder on a spouse, there are also cases in which the opposing spouse simply does not agree to what has been drafted in the divorce decree. This is commonly referred to as a contested divorce. To put it simply, the two parties cannot or will not agree on the specific terms of the divorce. There are multiple points of contention when it comes to the final divorce decree. This can range from child support to dividing property and debts. These issues will be decided by the court due to the divorce being contested. With contested divorces, there is a large likelihood that either party would find the court’s ruling to be unfavorable. At this time, there is an appeal process that can take place. You must file your appeal within 30 days of the court ruling. Simply filing an appeal will not be enough. You will need to present new arguments, as disagreeing with the court’s ruling will not be reason enough to be heard in an appeal. From there you will have 70 days from the day the original appeal is filed to present your appellate brief.

Conditions under Florida law

Florida law states that there are only two instances that are grounds for divorce: irreconcilable differences and mental incapacity. If the couple is filing for divorce under ‘irreconcilable differences, this is a no-fault divorce. This simply means that neither party is placing blame, therefore, accepting there was no wrongdoing that led to the dissolution of the marriage. It should be noted that if mental incapacity will be the reason put forth, one of the spouses but be determined legally incapacitated for a period of at least three years. After the evaluation, should the court rule against the mental incapacity, one would not be able to use this claim for the dissolution.
The Holman Law Firm is committed to providing the best legal service in Pensacola, Destin, Pace and Cantonment, FL, in various legal areas, including Family Law and Personal Injury. We specialize in Fathers’ Rights and will be there every step of the way to fight for your rights. Contact us now for a free consultation at 850-290-0588 or go online at www.holmanfirm.com.

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