If you’re ready to separate yourself from an abusive marriage, you’ll be happy to know that Florida is a no-fault Divorce state. A no-fault divorce state is one that does not require a spouse to provide grounds, or an acceptable reason, for why they wish to file for divorce. Essentially, what this means is that if your marriage is irretrievably broken, you can divorce your spouse without having to prove they caused the breakdown of your marriage.
Now, although the State of Florida does not require you to provide a ground for filing for divorce, there is a residency requirement that must be met. In order for a party to apply for a divorce, they or their spouse must have resided in the state for at least six months prior to the divorce petition being filed [Source: §61.021].
What will happen if my spouse does not agree to the divorce?
Once a divorce petition is filed, the other party (i.e. your spouse) will need to be served with the court papers. Now, if you already left your spouse because you were in fear of what they might do once they found out you filed for divorce, you should consult with a Clearwater, FL divorce attorney. The lawyers at The Law Offices of Yeazell and Sweet will be able to explain the steps you should take so that you can properly serve your spouse but also avoid putting yourself in danger.
Now, once your spouse is served, they will have the opportunity to either accept or deny the request. This means they can either agree to the divorce or deny that the marriage is irretrievably broken. In the event they deny the request or there are minor children involved, the court may:
- Order either you, your spouse, or the both of you to “consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation.”
- Allow the divorce proceedings to continue on for a period of time not to exceed three months, “to enable the parties themselves to effect a reconciliation.”
- “Take such other action as may be in the best interest of the parties and the minor child of the marriage.”
However, because you have acknowledged that your spouse is abusive which is what led you to file for the divorce, it is very important that this brought to the court’s attention so that you can bypass the actions listed above and have your divorce granted. Getting out of an abusive marriage can be scary, especially when your spouse is not on board with the divorce. Therefore, we do recommend that you contact The Law Offices of Yeazell and Sweet so that you can retain an experienced Clearwater, FL divorce lawyer who will protect your interests and provide you with the support you need right now.
The Law Offices of Yeazell and Sweet is located at:
1901 Ulmerton Rd #435
Clearwater, FL 33762
The Law Offices of Yeazell and Sweet 1901 Ulmerton Rd #435 Clearwater, FL 33762 Phone: 727-480-6211
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