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Tampa, Florida 33609

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Can a divorce be uncontested even if one party won’t sign?

September 22nd, 2008

First, let’s define an uncontested divorce.  An uncontested divorce means that the parties involved agree on the terms of the divorce. Those terms may include issues involving property, child support, child custody, alimony, etc. The fewer of these issues there are to resolve, the better the chances for the divorce to be uncontested. That said, it’s unlikely the parties will agree on terms if one of them does not agree to the divorce in the first place.

If, through mediation or another avenue, both parties agree on the terms, then yes, the divorce can be uncontested even if one party does not sign. If the parties cannot agree on terms, then it is a contested divorce.

But if the real question is, “Can I divorce my partner even if he or she does not want our marriage to end?” Then the answer is, “yes.” Florida is a No Fault Divorce state. In addition to not having to show cause, that means that if you think your marriage is over, you can file for divorce even though your partner wants the marriage to continue.

 



For more information, please contact Larry Rardon at 813 228-7772.