Family & Divorce Lawyer

Can you refuse to give someone a divorce?

The simple answer is “no.” If you do not want a divorce, but your spouse does, in most instances, as long as your spouse proves that the marriage is irretrievably broken, you cannot prevent the divorce. The court will not force your spouse to remain married to you. In some instances, though, if you object to the divorce, the court may order that you and your spouse attend marriage counseling before the judge will enter an order granting the divorce. However, if the marriage counseling is unsuccessful, and you and your spouse do not voluntarily reconcile, the court will enter your divorce, if it determines the marriage is irretrievably broken.

family law firm in naples
Smiling lawyer, realtor or financial advisor handshaking young couple thanking for advice, insurance broker or bank worker and millennial customers shake hands making deal, investment or taking loan

If you are faced with an unwanted divorce, encourage your spouse to work through the issues, because there is no such thing as “not giving someone a divorce.”

Regardless of whether you are looking to get divorced or are responding to a divorce action, divorce is a very difficult process, both emotionally and mentally. It is important to prepare yourself as best you can. Friends, family, coworkers, church members, support groups, and even your attorney can all be sources of support and comfort to you during this process.  Most family law attorneys are experienced in dealing with the emotional issues clients face as they move through the process, but generally we are not licensed therapists. Many people can benefit from the help of a trained mental health professional to help them work through the emotions that most everyone experiences in the process.

At Nicole L. Goetz, P.L. we have the knowledge and experience to guide you through the divorce process from start to finish, including litigation and appeals, if necessary. If you have questions, would like to receive more information, or need an attorney to assist you during this difficult and often complicated process, please call our office in Naples, Florida at 239-325-5030 to schedule a confidential consultation with our attorneys.

The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute nor should it be considered a substitute for legal advice from a qualified attorney knowledgeable about your specific factual situation.

You can also find us on Google map, Yelp and Tupalo.

Family & Divorce Lawyer

Do You Really Want a Divorce?

The first and most obvious question that you should ask yourself before you begin a divorce is do you really want a divorce? Under Florida law, the legal requirement for divorce is simple—the court must find that your marriage is “irretrievably broken” prior to dissolving the marriage. From a practical standpoint, whether your marriage is irretrievably broken depends primarily on yours or your spouse’s view of the status of your marriage. 

divorce lawyer in naples

If you are potentially considering a divorce, the very first thing that you should resolve is your level of certainty that you either cannot or will not save or fix your marriage. If you have resolved that issue, then you could testify to the court that your marriage is irretrievably broken and satisfy the legal requirement. Read more here…

Family & Divorce Lawyer

How Can a Person File for Divorce

There are two ways of getting a divorce according to The first is the consensual divorce that requires the spouses to agree on all matters of importance for the divorce (child’s trust, property divorce, the amount of child support contribution and the way of maintaining a child’s personal relationship with another parent), and another way is to divorce by lawsuit if spouses cannot agree on divorce or about the most important issues related to divorce.

Naples divorce lawyer
Continue reading “How Can a Person File for Divorce”