If you are the party that does not want a divorce, unfortunately, there is not much that can be done to prevent the divorce from occurring.
In some cases, a spouse may believe that the marriage can be saved or want to stay together for the sake of the children, or may have a strong moral or religious objection to divorce. In other states, it may be harder to obtain a divorce if both parties don’t consent. That is not the case in Florida.
Under Florida law, in order to get a divorce one party must testify that the “marriage is irretrievably broken”, and cannot be put back together.
Another legal requirement is that at least one of the parties to the marriage be a resident of Florida for the six month period immediately preceding the filing of the divorce petition. As long as those two legal requirements are met, generally a divorce will be granted, even if both parties don’t consent.
In some cases, the spouse who does not want the divorce decides to make things difficult on the other spouse by refusing to agree on issues involved in the divorce, such as child support, custody, alimony and the division of property. The spouse may want to stall for time, hoping the other spouse will change his or her mind.
The spouse may also use this as an opportunity to make the other spouse “pay” for deciding to divorce. This course of action is usually unwise.
Although you may not want the divorce, it will happen regardless of whether you want it to or not. By agreeing with your spouse on issues involving property division, alimony, and custody you will save a lot of time and money, as well as making things easier on the children if there are any involved.