WE ARE AVAILABLE to meet clients and prospective clients by telephone and video conferencing, using either Zoom or Facetime. We are also available in person, whatever works best for you! We will continue to assist you in any way we can. Please do not hesitate to call our office and let us know how we can help.

Fort Myers Family Law Attorneys
Contact Us

What to do if your spouse wants a divorce in Florida

On Behalf of | Aug 12, 2021 | Blog, Divorce Mediation |

Divorce can get messy and complicated; therefore, it is usually the last resort for couples when they feel they can do nothing to salvage the marriage. There are also occasions where only one partner wants a divorce while the other doesn’t. If you are in this position, here is what you can do.

Family law in Florida

Florida is a no-fault state, which means you don’t have to prove fault to get a divorce. All you have to do is show that you have irreconcilable differences or that one of you has mental incapacity. After your partner serves you with a divorce complaint, you only have 20 days to respond; if you fail to do so, the divorce will carry on without you.

What to do if your spouse wants a divorce and you don’t

  1. The first thing you need to do is consult with your attorney or therapist. When your partner approaches you with the idea of getting a divorce while you are not expecting it, you might feel anxious, stressed, depressed and vulnerable. You don’t want to react or make any decisions when in that state, so you need someone to talk to first.
  2. Close all your joint accounts to protect your credit rating. Your partner might clear the account or incur debts before the divorce is finalized. Therefore, you should protect your future by securing and closing your joint accounts.
  3. If you have children, prioritize their needs. With the help of your attorney, come up with a flexible co-parenting plan that ensures your kids get quality time with both parents.
  4. Don’t move out of the house or make any decisions regarding your property while you’re still emotional. Florida is an equitable distribution state, and you have a claim to part of all the marital property. Working with your attorney may help you determine what you are entitled to.
  5. Try to keep things as professional as possible. Don’t bicker, fight or make rash decisions out of anger. This will only cost you more or affect you emotionally.

Divorce can be challenging, but it doesn’t have to be messy. No matter what you are feeling, think and act rationally to protect yourself and your kids.


  • The Florida Bar | Board Certified | Marital & Family Law
  • Super Lawyers
Photo of Professionals at Thompson Family Law
FindLaw Network