The Divorce Process When Trying to Avoid a Divorce


The short preview in this situation is that the most common result will be a longer and more expensive divorce process when one of the parties in a marriage does not want to get divorce.

Florida is a no-fault divorce state, which essentially means one of the spouses has decided that the marriage is broken; the reasons for the marriage being “irretrievably broken” are not really important.  That being the case, it doesn’t matter whether the other party agrees to the divorce, and wants to continue married.

What will matter is how the divorce process is approached by each party.

When one of the spouses tries to avoid the divorce, the process is made longer and more expensive by any of the following behaviors:

  • Refusing to provide required financial documents: Florida law requires the parties to exchange certain financial documents.  When one party refuses to do this, it requires additional court hearing to make him or her comply; which, in turn, results in more attorney’s fees for both sides, and longer to get the divorce done.
  • If there are children, interfering with time-sharing: Because Florida law recognizes that the children’s best interest is served by having the companionship of both parents, interfering with the time-sharing may also lead to additional court proceedings to prevent that from continuing to happen.
  • Refusing to pay marital expenses that will jeopardize the economic stability of the family during the divorce process, leading to yet more court appearances.

Avoiding the example situations detailed above are not a guaranteed of a shorter divorce process because there are other things that may lead to litigation, depending on the particular circumstances.  But, if you are the spouse that is reluctant to go through with the process, avoiding them will lead you to have more control over a situation that you already dislike, and will go a long way towards making that a shorter and less expensive process.

The bottom line is that no one will be forced to stay married if they want out of a marriage.  The only questions when one spouse does not want to get divorced are there (1) how long will it take, and (2) how much it will cost each of you to finish the process.


© 2009-2014 Vivian C. Rodriguez


Vivian C. Rodriguez is a divorce and paternity attorney in Florida. For articles about Florida family law visit,


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