Florida law allows you to get divorced for just about any reason that you can think of. Therefore, even if your spouse doesn’t want to end the marriage, there is little that can stop you from following through with your intention to do so. However, this doesn’t mean that you shouldn’t take your partner’s needs or feelings into account during what is likely a difficult time for everyone.
Determine what the objection is
It’s possible that your spouse doesn’t want to end the marriage because the prospect of being alone is too much to bear. It’s also possible that your partner can’t afford to live without the income that you bring to the household. Of course, there is also a chance that your partner is simply a narcissist or wishes to control you by not engaging in the divorce process. Determining what your partner’s primary objection is will help you craft a strategy to get what you want in a timely manner.
You may be able to help
Going to couples counseling may provide your partner with an opportunity to be open and honest about getting a divorce. In some cases, simply feeling heard is enough to accept that change is coming and to handle it with grace as opposed to throwing a tantrum. You may also want to settle the divorce through mediation as it will also provide your partner with a chance to feel heard and validated.
If your spouse won’t work with you
If your spouse can’t be served or won’t respond to a divorce petition, a judge may provide you with a summary judgment. You may also be given custody of any children that you share with your spouse.
Ending a marriage is often a difficult decision even if you know doing so is in your best interest. It may be even harder for the person who has less control over the matter than you do. However, regardless of why the divorce is happening, you may be entitled to a share of marital property as well as spousal maintenance payments.