Dear Vanessa: I got my tubes tied – and now my husband wants a divorce because of it.

November 2, 2021

Conflict between couples can range from the mundane (“My partner refuses to empty the dishwasher!”) to the very significant – when one partner wants children and the other does not.

When major (or minor) issues get in the way of the marriage, it can be enough for some couples to want to call it quits. Not seeing eye-to-eye on the prospect of parenthood can certainly be one of them. 

But what if your partner’s reason for divorce, in your opinion, feels unfair, unjustified or weak? What if you don’t want a divorce? Can your partner still file for a dissolution of marriage in Florida?

Yes.

Florida is a no-fault divorce state

In the state of Florida, either party may seek a divorce without any reason or evidence explaining why. Per Florida Statute §61.052, the divorcing party simply needs to say that the marriage is “irretrievably broken” and that is enough to file a petition for divorce.

That means if there is conflict between partners over a disinterest or inability to have children, either because you had your tubes tied or are experiencing other infertility issues, your partner may still file for divorce without your consent.

Do you have to sign the papers?

If your spouse pursues a divorce without your consent, it can lead to contested battle in court. Unless you can work things out with your partner, trying to apply any stalling tactics like refusing to sign the divorce papers will only make things worse for your case and cost you more time and money. 

Facing divorce – whether willingly or not – is not something you want to go alone. Our team of Florida family law attorneys at the Vasquez de Lara Law Group is experienced in numerous divorce methods and is at your side every step of the way to ensure the best possible outcome for you. If you’ve been served divorce papers, call us right away at 305-596-9951.