Michele A. Lebron | November 6, 2025 | Divorce near Kissimmee, FL
Divorce is never easy, and sometimes one spouse refuses to cooperate. If your spouse won’t sign the divorce papers in Kissimmee, Florida, you may be wondering if that means you’re stuck. The good news is that Florida law allows you to move forward, even if your spouse doesn’t agree or refuses to participate.
The process may take longer, but it won’t stop you from legally ending your marriage.
Florida Is a No-Fault Divorce State
Florida is a “no-fault” divorce state, meaning you don’t have to prove wrongdoing like adultery or cruelty to get divorced. You only need to show that your marriage is “irretrievably broken.”
This is important because your spouse’s cooperation—or lack of it—does not determine whether the divorce can move forward. If they refuse to sign, ignore the paperwork, or simply don’t want the divorce, you still have the right to continue the process.
Refusing to Accept Service of Divorce Papers
The divorce process officially begins when one spouse files a Petition for Dissolution of Marriage and serves the other spouse with a copy. This must be done by a sheriff, process server, or other authorized person.
If your spouse refuses to accept the papers, that does not stop the process. As long as service is completed correctly, the court will consider your spouse legally notified—even if they choose not to sign or respond.
Once served, your spouse has 20 days to file a response. If they fail to respond, the court may allow the case to move forward without their participation.
What if My Spouse Refuses to Cooperate With the Divorce?
When a spouse refuses to sign or participate, it’s often because of anger, fear, or a desire to delay the process. Fortunately, Florida law provides clear procedures for these situations.
Depending on the circumstances, their refusal can affect your case in different ways:
- Ignoring the divorce petition: If your spouse does not respond within 20 days, you can ask the court for a default judgment. The judge may grant the divorce and award property division, custody, and support based on your petition.
- Refusing to sign a settlement agreement: If your spouse won’t agree to terms such as child custody or property division, your case becomes contested. The court will then schedule hearings to decide these issues.
- Refusing to appear in court: If your spouse ignores court dates, the judge can still proceed and issue final orders without their input.
While cooperation can make things faster and less stressful, your spouse’s refusal cannot prevent you from getting divorced.
Default Divorce in Florida
If your spouse ignores the divorce paperwork entirely, the process can continue without them. You can request a default divorce, which allows the court to grant the dissolution of marriage based solely on your petition.
Here’s how it generally works:
- You file a motion for default after your spouse’s 20-day response window expires.
- The court reviews your petition and verifies proper service.
- A hearing may be scheduled for the judge to confirm the requested terms.
- The judge issues a final divorce judgment, ending the marriage.
Even though this process is straightforward, it’s important to complete each step carefully to avoid delays or dismissal.
Tips for Moving Forward When a Spouse Refuses to Sign
If your spouse is being uncooperative, keep these points in mind:
- Stay calm and follow all court procedures carefully
- Keep detailed records of your communications and attempts to serve them
- Avoid confrontation—let the legal process handle it
- Consider mediation if you believe an agreement is possible
Following these steps can help you avoid unnecessary stress and ensure your divorce moves forward efficiently.
Contact the Kissimmee Divorce Lawyers at Lebron Law, PLLC for Help Today
A spouse’s refusal to sign divorce papers can make an already emotional process even harder—but you don’t have to face it alone. The Kissimmee divorce lawyers at Lebron Law, PLLC can guide you through every step of your case, from serving papers to obtaining a default judgment or resolving contested issues in court.
We’ll protect your rights, explain your options, and help you move forward toward a new beginning. Contact us today to schedule a free consultation.
For more information, contact our experienced Kissimmee family law & divorce attorneys at Lebron Law, PLLC to schedule a free consultation.
We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:
Lebron Law, PLLC Kissimmee
15 S Orlando Ave, Kissimmee, FL 34741
(321) 800-5195
