Picture filing the paperwork, only to hear your partner say, “I’m never signing those papers.” That moment feels frustrating, even scary. Yet Florida law does not give one person the power to trap the other in a marriage. At Mindful Divorce, P.A., we focus on clear, fixed-fee plans so a standoff over a signature does not drain your wallet or peace of mind.
The Short Answer: Yes, Divorce Is Possible Without a Signature
Florida courts allow one spouse to move forward even when the other remains silent or hides. Judges respect a person’s right to end a marriage that no longer works. The process may take a little extra effort, but a missing autograph will not stop the final judgment.
Grounds for Divorce in Florida
Before any filing, the court asks why the marriage should end. Florida keeps this simple and does not require dirt-digging or public blame.
No-Fault Divorce
Because Florida follows the no-fault approach, you only need to state that the relationship is “irretrievably broken” or that a spouse has been mentally incapacitated for at least three years. No need to prove adultery or abuse, which streamlines the path when one spouse already refuses to cooperate.
Divorce When Your Spouse Won’t Sign: What to Do
So, how do you press on when the other party stays silent or heads for the hills? Florida provides several routes, each starting with the same first step.
Filing the Petition for Dissolution of Marriage
You begin by filing a Petition for Dissolution of Marriage in the county where either spouse resides. The petition lists names, date of marriage, children, and a brief outline of assets and debts. If minor kids are involved, a proposed parenting plan is attached.
Serving the Petition
Next, the petition must reach your spouse through formal service. Florida allows a few reliable methods:
- Sheriff’s civil division in the county where your spouse lives
- Licensed private process server
- Service as an authorized agent if your spouse appointed one
Proper service starts the 20-day clock for your spouse to reply.
Default Divorce
If no answer arrives within those 20 days, you may file a Motion for Default with the clerk. Once the clerk enters a default, the court can schedule a brief hearing. Because the other party ignored the case, the judge can accept your proposed terms as long as they remain fair and follow Florida law.
Divorce by Publication
Sometimes a spouse’s location is a mystery. Florida lets you move forward after making honest efforts to find the person. This means calling relatives, checking last-known jobs, social media, and even postal records. If those searches fail, you file an affidavit of diligent search and then publish notice of the case in a local newspaper once a week for four consecutive weeks. Thirty days after the final notice, you may ask the court for a default just as you would if service had been completed.
Contested vs. Uncontested Divorce
Even without a signature, a case can still turn into a contested matter. If your spouse answers the petition but fights over money, kids, or both, the court will set mediation or hearings to settle the disputed items. If your spouse stays silent from start to finish, the matter often ends as an uncontested or default divorce.
Important Considerations in a Florida Divorce
Whether your spouse participates or not, certain topics must be handled before a judge will sign the final order.
Property Division
Florida follows equitable distribution, which means the court divides marital assets and debts in a way that appears fair. Marital property generally covers anything earned or acquired during the marriage, while separate property includes items owned before the wedding, inheritances kept apart, or gifts intended for one spouse only.
Spousal Support (Alimony)
Judges weigh the length of the marriage, each person’s income, health, and contributions when deciding alimony. Florida recognizes several forms, such as bridge-the-gap, rehabilitative, durational, and permanent alimony. Even in a default, the filing spouse must present enough evidence—pay stubs, budgets, and testimony—to justify any support request.
Child Custody and Support
Court orders must place children first. Parental responsibility covers decision-making, and time-sharing refers to where the kids spend their days and nights. Child support follows state guidelines based on income, health insurance costs, daycare, and overnights with each parent.
Table 1: Florida Divorce Paths When a Spouse Won’t Cooperate
Florida Divorce Timelines: When a Spouse Refuses to Sign
| Scenario | Main Requirement | Waiting Period | Typical Next Step |
| Spouse served, ignores petition | Proof of personal service | 20 days to answer | Motion for clerk’s default, short final hearing |
| Spouse cannot be found | Affidavit of diligent search | 4 weeks of newspaper notice plus 30 days | Motion for default by publication, final hearing |
| Spouse answers but disputes the terms | Response filed | No fixed length, depends on the court schedule | Mediation, case management, and trial if needed |
The Importance of Legal Assistance
Pushing a case forward while the other party stonewalls can feel like walking through fog. A Florida family lawyer can handle service, draft the affidavit of diligent search, prepare evidence for alimony or custody, and speak at your default hearing. Professional guidance often shortens delays and reduces surprises.
Need Help with Your Divorce? Contact Mindful Divorce, P.A.
Ready to take action even if your spouse is not? The Mindful Divorce, P.A., team offers clear, fixed-fee plans that keep your budget steady. We guide Floridians through default filings, publication services, and every hearing with calm, straight talk. Call us at 561-537-8227 or visit our website to set up a consultation. You deserve a fresh start, and we’re here to help you claim it.
