Divorce can be emotionally challenging under the best of circumstances, but when one spouse does not respond or participate, it can lead to a default divorce. In Florida, this legal process allows the court to move forward even if one party fails to answer the divorce petition. Understanding how default judgment divorce works and when it applies is essential for anyone navigating the Florida family court system.
This blog will help you understand the qualifications and process of default divorce and how an attorney can help you.
What Is a Default Divorce
A default divorce occurs when one spouse (the “respondent”) fails to file a response to the divorce petition filed by the other spouse (the “petitioner”) within the time required by Florida law.
Under Florida Family Law Rule of Procedure 12.140(b), respondents typically have 20 days from being served with divorce papers to file an answer or other responsive pleading. If they do not, the petitioner may request a default judgment with the court clerk. Once the default is entered, the court assumes the respondent does not object to the divorce or its terms, allowing the case to move forward without their input.
Qualifications for a Default Divorce in Florida
Not every case qualifies for a default divorce. Certain requirements must be met before the court will grant a default judgment divorce.
Here are the main qualifications:
- Proper Service of Process: According to state law, the petitioner must properly serve the divorce papers to the respondent. This ensures the other party has fair notice of the proceedings. Improper service can invalidate a default request.
- No Response Within 20 Days: The respondent must fail to file an answer or counterpetition within 20 days after being served.
- Valid Marriage and Jurisdiction: The court must have jurisdiction, meaning one of the spouses must have lived in Florida for at least six months before filing, as Florida Statute §61.021 requires.
- Complete and Accurate Filing: Before requesting a default, the petitioner must have properly filed all required documents, including the Petition for Dissolution of Marriage and financial disclosures.
If these conditions are met, the court may grant a divorce without the other spouse’s participation.
What Is a Default Hearing for Divorce?
A default hearing for divorce is a court proceeding in which the judge reviews the petitioner’s case after a default has been entered. The purpose of the hearing is to ensure that the requested terms, such as property division, alimony, and child-related issues, are fair and lawful.
Even though the respondent failed to respond, the petitioner must present evidence and testify under oath. The judge will then decide whether to issue a final judgment of dissolution of marriage.
The court may also address child custody, visitation, and support if children are involved. This is where having a skilled child custody lawyer or child support lawyer becomes vital, as Florida courts must ensure all child-related decisions align with the child’s best interests.
The Default Divorce Process in Florida
Here is a step-by-step overview of how divorce by default works in Florida:
- File the Divorce Petition: The petitioner files for divorce in the circuit court of the county where either spouse lives.
- Serve the Papers: A sheriff or private process server serves the petition and summons on the respondent in accordance with Florida state law.
- Wait 20 Days: The respondent has 20 days to respond. If they do not, the petitioner can file a Motion for Default or Request for Default Judgment using the court-approved forms available on the Florida Courts Family Law Forms portal.
- Clerk Enters Default: The clerk may enter the default if all paperwork is in order.
- Schedule a Default Hearing: The court schedules a default hearing to finalize the divorce. The petitioner must appear and provide testimony and supporting documentation.
- Final Judgment: If the judge is satisfied that all requirements are met, they will sign a Final Judgment of Dissolution of Marriage, officially ending the marriage.
Default Divorce vs. Uncontested Divorce
A default divorce is different from an uncontested divorce:
- In a default divorce, one spouse does not participate or respond.
- In an uncontested divorce, both spouses agree on all terms such as asset division, custody, and support, and file jointly or without dispute.
If both parties can agree, hiring an uncontested divorce attorney may be faster and less stressful. However, if one spouse is unresponsive, pursuing a default judgment may be the only option to move forward.
Setting Aside a Default Judgment
Sometimes, a respondent may later ask the court to set aside the default judgment if they can show good cause, such as improper service, mistake, or excusable neglect. According to Florida Family Law Rule 12.540, the motion must typically be filed within a reasonable time after the default judgment is entered.
If you believe a default was entered unfairly or without proper notice, it is critical to contact a divorce and family law attorney immediately to review your options for reopening the case.
How a Divorce and Family Law Attorney Can Help
A qualified divorce and family law attorney can provide invaluable support during a default divorce by:
- Ensuring proper service and filings
- Requesting a default judgment divorce if your spouse fails to respond
- Representing you at the default hearing
- Protecting your rights in matters involving child custody and support
- Assisting with motions to set aside defaults if you were unfairly excluded
Whether you are the petitioner or the respondent, legal representation can distinguish between a fair outcome and one that leaves you vulnerable.
Contact the Remsen Family Law Firm, Serving Lake and Seminole Counties
At Remsen Family Law, we understand that you are going through a challenging time. Knowing how default divorce works can help you take control of the process and move forward with confidence and a fresh start. If you are facing a nonresponsive spouse or need guidance for your next steps, contact the Remsen Family Law Firm. Attorney Frank Remsen, with more than two decades of legal experience, will help you navigate your default divorce with care, understanding, and the support you deserve.
Contact the Remsen Family Law Firm at our Tavares or Clermont office at (352) 221-9837, or our Lake Mary office at (407) 898-8822 for a low-cost consultation today. For your convenience, we offer early morning and evening appointments.
