Can You Get Divorced in Florida Without Your Spouse's Consent in 2026?

The Short Answer: Yes, You Can Get Divorced Without Your Spouse's Consent in Florida

If you are wondering whether you can get a divorce without spouse consent in Florida, the answer is absolutely yes. Florida is a no-fault divorce state, which means you do not need your spouse's permission, agreement, or signature to end your marriage. All you need to establish is that your marriage is "irretrievably broken" under Florida Statutes Section 61.052.

In my experience handling divorce cases across Florida, this question comes up constantly. People often believe they are trapped in a marriage because their spouse refuses to cooperate, threatens to never sign papers, or has simply disappeared. The good news is that Florida law provides clear pathways to dissolve your marriage regardless of your spouse's willingness to participate.

Let me walk you through exactly how this works in 2026.

Understanding Florida's No-Fault Divorce System

Florida eliminated fault-based divorce grounds decades ago. Unlike some states where you might need to prove adultery, abuse, or abandonment, Florida only requires one thing: that your marriage is irretrievably broken with no reasonable prospect of reconciliation.

This means your spouse cannot legally prevent your divorce by:

• Refusing to sign divorce papers
• Ignoring the petition entirely
• Claiming they still want to work on the marriage
• Hiding or avoiding service of process
• Threatening to contest everything

Under Florida Statutes Section 61.052(1), either spouse can file for dissolution of marriage by simply alleging the marriage is irretrievably broken. The court does not require proof of wrongdoing or even agreement between the parties.

What Happens When Your Spouse Refuses to Sign Divorce Papers

When a spouse refuses to participate in divorce proceedings, Florida law provides a remedy called default divorce. Here is how the process typically unfolds:

Step 1: Filing the Petition for Dissolution of Marriage

You begin by filing a Petition for Dissolution of Marriage with the circuit court in the county where either you or your spouse resides. You must have been a Florida resident for at least six months before filing, as outlined in our Florida divorce residency requirements guide.

Step 2: Properly Serving Your Spouse

This is the critical step that many people underestimate. Florida law requires that your spouse receive formal notice of the divorce proceedings. This is called service of process, and it must be completed according to strict legal requirements under Florida Rules of Civil Procedure 1.070.

Acceptable methods of service include:

• Personal service by a sheriff's deputy or certified process server
• Service by certified mail with return receipt (if your spouse signs for it)
• Constructive service by publication (when your spouse cannot be located)

You cannot simply mail the papers yourself, email them, or hand them to your spouse across the dinner table. Improper service can invalidate your entire case.

Step 3: Waiting for a Response

Once properly served, your spouse has 20 days to file a response with the court. If they are served outside of Florida, they have additional time under the rules.

Step 4: Filing for Default

If your spouse fails to respond within the required timeframe, you can file a Motion for Clerk's Default. The clerk will then enter a default against your spouse, which essentially means they have forfeited their right to participate in the proceedings.

Step 5: Default Final Hearing

After default is entered, you request a final hearing before the judge. At this hearing, you will present your case, including your proposed parenting plan if children are involved, division of assets and debts, and any requests for alimony. The judge will review your requests for fairness and legal compliance before entering the Final Judgment of Dissolution of Marriage.

Contested vs. Uncontested Divorce: Understanding the Difference

The distinction between contested and uncontested divorce often confuses people. Let me clarify:

An uncontested divorce means both spouses agree on all major issues: property division, alimony, child custody, and child support. These cases can move quickly and are generally less expensive. Learn more about how quickly you can get divorced in Florida.

A contested divorce means the spouses disagree on one or more issues and need the court to decide. This requires more time, more court appearances, and typically higher legal costs.

Here is what many people miss: a divorce without spouse consent does not automatically become contested. If your spouse simply ignores the case and a default is entered, you can often obtain favorable terms similar to an uncontested divorce. The case becomes truly contested only when your spouse actively participates and disputes your requests.

Special Considerations When Children Are Involved

Divorcing without your spouse's cooperation becomes more complex when minor children are part of the equation. Florida courts prioritize the best interests of children above all else, and judges scrutinize parenting plans carefully even in default cases.

Under Florida Statutes Section 61.13, the court must establish:

• Time-sharing schedules
• Parental responsibility (usually shared)
• Child support calculations
• Decision-making authority for major issues

Even if your spouse defaults, the judge will not simply rubber-stamp any parenting arrangement you propose. I have seen cases where judges modified proposed parenting plans to ensure the absent parent maintained some rights, or ordered investigations when the proposed arrangements seemed one-sided.

If you need immediate protection for your children, you may need to pursue an emergency custody order.

Serving a Spouse You Cannot Find

One of the most challenging scenarios is divorcing without spouse consent when you genuinely do not know where your spouse is located. Florida law addresses this through constructive service.

To use constructive service, you must:

Constructive service carries significant limitations. You can obtain a divorce and resolve matters related to Florida property, but the court's power over your absent spouse is restricted. For example, the court may not be able to order specific child support or alimony amounts without personal jurisdiction over the missing spouse.

How Long Does a Default Divorce Take in Florida?

The timeline for a divorce without spouse consent in Florida varies based on several factors:

• Service of process: 1-4 weeks if your spouse can be located, potentially 2-3 months if publication is required
• Response period: 20 days after service
• Default processing: 1-2 weeks for the clerk to enter default
• Final hearing scheduling: 2-6 weeks depending on court availability

In straightforward cases with no children and limited assets, you might complete a default divorce in as little as 60-90 days from filing. Cases involving children, publication service, or complex assets typically take 4-6 months or longer.

Compare this to our overview of how much a divorce lawyer costs in Florida to understand the full picture.

What Can You Request in a Default Divorce?

When your spouse fails to respond and a default is entered, you have significant leverage. However, courts still apply reasonableness standards. You can typically request:

• Equitable distribution of marital assets and debts
• Alimony if you qualify (learn about the 7-year rule and alimony in Florida)
• Primary time-sharing with children
• Child support according to Florida guidelines
• Restoration of a former name
• Exclusive use of the marital home

Courts will generally not approve requests that are:

• Clearly inequitable even without the other party present
• Not supported by evidence you present
• Contrary to Florida law or public policy

For a detailed breakdown of what you might receive, see our article on what a wife is entitled to in a Florida divorce.

What If Your Spouse Responds at the Last Minute?

I have seen this happen many times. A spouse ignores the divorce papers for weeks, then suddenly files a response or shows up at the final hearing. Florida law allows a defaulted party to file a motion to set aside the default, and courts have discretion to grant these motions if the spouse can show:

• Excusable neglect for the failure to respond
• A meritorious defense or legitimate dispute
• That setting aside the default will not prejudice you unduly

Judges in Florida tend to favor deciding cases on their merits rather than on procedural defaults, especially when children are involved. If your spouse wakes up and decides to participate, your case may convert from a simple default to a contested matter.

Alternatives to Consider

Before pursuing a default divorce, consider whether other options might work for your situation:

Mediation

Even reluctant spouses sometimes cooperate in mediation. A neutral third party can help facilitate agreement on disputed issues. Florida courts frequently require mediation before trial anyway.

Collaborative Divorce

This process involves both spouses and their attorneys committing to resolve issues without litigation. It only works if both parties participate, but sometimes a resistant spouse becomes more willing when they understand the collaborative approach.

Separate Maintenance

If you need financial support but are not ready to divorce, Florida allows actions for separate maintenance. This can be a temporary solution while you decide your next steps.

The Benefits of Professional Guidance

While Florida allows self-representation in divorce cases, navigating a divorce without spouse consent presents unique challenges. Common mistakes include:

• Improper service that invalidates the default
• Requesting relief the court cannot grant
• Failing to properly disclose financial information
• Missing deadlines that delay the process
• Underestimating what you are entitled to receive

A strategy session with a Florida divorce attorney can help you understand your options, avoid pitfalls, and create a plan tailored to your specific circumstances. If you want more comprehensive support, our consultation services provide detailed guidance.

For those concerned about costs, explore our guide to affordable divorce representation options in Florida.

Moving Forward in 2026

If your spouse refuses to consent to divorce, you are not stuck. Florida law ensures that one person cannot hold another hostage in a marriage against their will. The process requires patience and attention to procedural requirements, but divorce without spouse consent in Florida is achievable.

The key is understanding the proper steps, meeting all legal requirements for service and default, and presenting a reasonable case to the court. Whether your spouse is simply being difficult, hoping you will give up, or has genuinely vanished from your life, the Florida court system provides pathways to dissolve your marriage and move forward.

If you are facing this situation, gather your financial documents, research your options, and consider consulting with a Florida family law attorney who can guide you through the process efficiently.

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This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.