At the start of a divorce, generally, one spouse files for a dissolution of marriage, either at their local courthouse themselves or through an attorney who can do online, and the other spouse must either be served with the documents or accept service. You can contest or agree to the divorce, or you can decide not to file a response at all. If you don’t, what happens?  What happens when you don’t know where your spouse is and can’t find them?

Divorce by Default in Florida 

In Florida, like many other states, a person must make all possible efforts to adequately serve their spouse with a formal divorce petition. Usually, this is by formal process service, however, there are other creative ways to have someone served. If your ex has exhausted all avenues and does not receive a response, they may be granted a default divorce. 

Your Ex-Spouse Can Still Get a Divorce 

If you’ve been served with a divorce petition and don’t sign or are considered to be reasonably notified — such as through a newspaper ad announcing the divorce — and don’t respond, your ex can continue to pursue the split. You must contest a divorce if you do not agree with it. 

Is There Any Benefit to Having a Default Divorce? 

In some instances, there are benefits that come with being awarded a default divorce. One party may save a significant amount of money on lawyer’s fees, and it may be an easier process overall. Sometimes, spouses who agree on the terms of their divorce will decide in advance for one spouse to file and the other to not respond, initiating a default divorce that may take less time and money. 

Cons of a Default What Will Happen If I Refuse to Sign Divorce Papers?

There are of course several caveats to a default divorce, largely the fact that making the decision not to sign your divorce papers is also forfeiting your rights to contest any issue of the divorce. Also, not all issues can be determined by default divorce, but essentially, you are leaving it all up to what your spouse asks for in their petition. 

In some cases, a malicious spouse will attempt to obtain a default divorce by purposely using obscure delivery or service methods to ensure you won’t have time to respond to the petition in time to contest it. Before deciding not to sign your divorce papers, you should understand the full impact it could have. 

Contact a Florida Divorce Attorney Now for Assistance 

If you’re considering the option of refusing to sign your divorce petition, whether or not you contest the divorce, it’s important to seek legal advice first. Kevyn Noonan Hayes, P.A. can help you determine what actions are in the best interests of you and your family. Call now at 239-591-6248.