No. Florida is a no-fault state. Your spouse cannot prevent the divorce. They can dispute the terms — not the divorce itself.
Quick Answer
Florida is a no-fault state under Fla. Stat. § 61.052. The only required ground is that the marriage is irretrievably broken — a unilateral declaration by one spouse is sufficient. A spouse cannot legally refuse the divorce. They can dispute property division, alimony, custody, and support — but the divorce itself proceeds regardless. Default judgment is available if the spouse fails to answer within 20 days. Free consultation: 877-862-7188.
Cannot prevent the divorce. Florida abolished fault grounds (other than “mental incapacity” for at least 3 years). Either spouse can declare the marriage irretrievably broken and proceed. The court will not require the other spouse’s consent or agreement to dissolve the marriage.
Can dispute the terms. Your spouse can contest property division, alimony amount and duration, child custody and timesharing, child support calculations, attorney’s fees, and any other ancillary issue. These disputes extend the timeline but do not stop the divorce.
If they don’t respond. After proper service, the respondent has 20 days to file an answer. If they don’t, you can move for default judgment. The court can grant the divorce, equitably distribute marital property, set support, and approve a parenting plan based on your evidence — subject to the court’s independent application of statutory factors and best-interest analysis for children.
If they hide. Florida allows substituted service on a household member, service by publication after diligent search, and other constructive-service methods. Constructive service is sufficient for the divorce itself but limits the court’s ability to enter personal money judgments without proper personal jurisdiction.
Strategy when a spouse is resisting or evading.