Denial of a Divorce
Filing for a divorce is a complicated legal process that involves considerable financial and emotional burden for both parties. When one or both parties do not want to stay in the marriage, the last thing they want is someone forcing them to remain together. It might come as a surprise that judges in Florida have the ultimate veto power when it comes to granting a divorce. This denial does not happen often, though.
Sometimes, a specific legal principle or a procedural requirement can prompt the judge to deny a divorce. Let us walk through these scenarios so we understand the full picture.
Grounds for Divorce in Florida
Florida is a no-fault divorce state, which means a spouse does not have to prove any wrongdoing (like adultery or abuse) to request a divorce. They simply need to demonstrate that the marriage cannot work. Another case could be that one party has been mentally incapacitated for at least three years. The irretrievable breakdown standard is usually easy to meet, making it rare for a judge to deny a divorce request on these grounds alone. [1]
Common Reasons a Judge Might Deny a Divorce
Incomplete or Incorrect Paperwork
Administrative mistakes are one of the primary reasons a divorce might be denied. The petition for divorce needs to be accurately filled out, and all supporting documents should be in order. If there are errors, a judge might refuse to grant the divorce until corrections are made. These mistakes can include forgetting to sign papers or failing to provide accurate information about children, finances, or property.
Failure to Meet Residency Requirements
Residential requirements in Florida must be satisfied before filing for divorce. One spouse must have been a resident of Florida for at least 6 months before starting the divorce process. [2] If neither spouse meets this residency requirement, the judge has the legal right to dismiss the divorce case.
For individuals in the military or who have recently moved, residency can sometimes be established by showing that Florida is their primary home, even if they are stationed elsewhere temporarily.
Disagreements Over Children’s Welfare
A judge may refuse to finalize a divorce if there are unresolved issues related to child custody or support. The court takes the best interest of the children very seriously, and if the couple cannot agree on a parenting plan that aligns with the state’s guidelines, a judge might delay or even deny the divorce until these matters are resolved.
Child support, custody arrangements, and visitation schedules must all meet Florida’s statutory requirements to protect the welfare of the children involved.
Lack of Mental Capacity
Florida law requires that both parties are mentally competent when filing for divorce. If one spouse is mentally incapacitated, and it has not been addressed in court, a judge can deny or delay the divorce. As mentioned earlier, if a party has been legally deemed mentally incapacitated for more than three years, this can actually serve as grounds for the other spouse to file for divorce. However, mental incapacity has to be proven and properly managed during the legal proceedings. [3]
Refusal to Attend Court-Ordered Counseling
Florida law allows judges to order counseling in certain cases where a divorce petition is contested. If one spouse disputes that the marriage is irretrievably broken, a judge might require the couple to attend marital counseling before granting the divorce. The refusal to participate in such counseling could lead to the divorce being temporarily denied, though this is rare and usually applies only when children are involved.
How Denials Are Typically Handled
A judge cannot permanently deny a divorce. They may temporarily halt the process until the requirements are met. When the conditions for filing a divorce in Florida are met, the case can proceed. If you want to avoid any unwanted delays in the divorce process, you should make sure that all legal requirements are met.
Contesting the Divorce
In Florida, a spouse can contest the divorce if they feel it is not the right thing to do. This stalls the process, but in the end, the divorce is inevitable because Florida is a no-fault state.
Counseling or mediation sessions ordered by the court act as an opportunity for reconciliation and resolution of issues before the marriage is formally dissolved. However, even after the sessions, if one spouse insists that their differences are irreparable, then the judge will grant the divorce.
A spouse may contest the divorce for various reasons, including religious beliefs, emotional attachment, or financial concerns. In some cases, contesting may also be a tactical move to gain leverage in negotiations over child custody, spousal support, or the division of assets.
The court will address these underlying concerns during the process to ensure that all relevant issues are resolved fairly.
Default Divorces
In some cases, if one spouse fails to respond to a divorce petition, the other spouse can request a default judgment. However, the judge might still require additional documentation or evidence before granting the divorce. If the unresponsive spouse later challenges the divorce, the court might reconsider the default judgment, but it’s rare for a judge to deny it once the required legal steps have been followed. [4]
What to Do if Your Divorce Is Denied
If a judge denies your divorce, it’s essential to work with your divorce attorney to resolve any issues that led to the denial. This may involve correcting paperwork, attending any required counseling, or negotiating custody agreements. In most cases, once the procedural or legal issues are addressed, the divorce can move forward smoothly.
If you are looking to end your marriage, the Sacks & Sacks divorce attorneys are here to help make the process as smooth as possible. Make contact today for a free consultation.
FAQs:
Q. Can incomplete paperwork cause a divorce denial?
Yes, if the paperwork is incomplete or contains errors, the judge can deny the divorce until the issues are resolved.
Q. Can a judge deny a divorce due to child custody disputes?
Yes, if there are unresolved custody or support issues, the judge can delay or deny the divorce until these matters are addressed.
Q. What happens if one spouse is mentally incapacitated?
If a spouse is mentally incapacitated, the court may deny or delay the divorce until the matter is properly addressed in legal proceedings.
Q. What should I do if my divorce is denied?
Work with an attorney to resolve any issues, such as correcting paperwork or addressing custody disputes, so that the process can move forward.
Sources:
[1] Frequently Asked Questions About Getting Divorced in Florida. (n.d.). https://www.floridaparentingclass.com/articles/divorce-in-florida-short-answers
[2] Chapter 61 Section 021 – 2021 Florida Statutes – The Florida Senate. (n.d.). https://www.flsenate.gov/Laws/Statutes/2021/61.021
[3] Statutes & Constitution :View Statutes : Online Sunshine. (n.d.-b). http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html
[4] Instructions for Florida Supreme Court Approved Family Law Forms 12.922(a), Motion for Default, and 12.922(b), Default (11/15). (2015). https://www.flcourts.gov/content/download/685868/file_pdf/922a.pdf