Wife Will Not Agree To Divorce

by MB from Boynton Beach, Florida, Palm Beach County

Wife Will Not Agree To Divorce: The marriage is over, we have been separated for 10 months. Have not been together in over two years. Can I file for divorce even is she refuses?

Answer to Florida Divorce Question

Dear MB,

Yes. You can file a Petition for Dissolution of Marriage and have her served with the Petition and other documents that must be filed along with it.

You will need to have her served by a sheriff or a private process server in the county where she resides.

She then has 20 calendar days to answer your petition, counting days beginning the day after she was served.

If she answers either one of you can schedule a court hearing for Dissolution of Marriage.

If she does not answer within the 20 calendar days and has not filed anything with the clerk of court you can then file a Motion for Default and notify her that you have filed that motion.

After that a hearing for Final Dissolution of Marriage can be scheduled. In other words, as long as you have her served correctly, so that she is notified of your intentions for divorce; you can get your divorce anyway.

Your wife can throw the papers in the trash or use them for a place mat; but as long as you follow proper procedure you can still be divorced. For more information and for Florida Supreme Court approved family law forms, go to www.flcourts.org

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Fully Interactive & Complete Forms Packet for Divorce with No Children or Property. All forms are interactive and properly formatted in PDF and includes resources and filing procedures with easy to follow checklists, and much more.
Divorce No Children

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