What happens if respondent does not respond to divorce petition in Florida?

Asked over 1 year ago - Fort Lauderdale, FL

Do all assets default to the petitioner?

Attorney answers (3)

  1. Amanda Salcido


    Contributor Level 11


    Lawyers agree


    Answered . You can file a motion for default. Although a default judgment may be ordered, the respondent can file a motion to set aside the default judgment.

    After you file your default judgment, you can request a final hearing. The judge will then make a final determination of the distribution of your assets.

  2. Donald G. Criscuolo


    Contributor Level 9


    Lawyers agree


    Answered . You have the right to file a motion for clerk's default and, if service was had in the State of Florida, you can obtain a clerk's default.

    Thereafter, you may ask the Court for a Final Default Judgment, but by that time, if there are assets, the opposing party will probably wake up and participate in the proceedings. Even if they do not, the Court may well award only what you are entitled to under the law anyway, instead of the opposing parties' share going to you.

  3. Matthew Thomas Majeski


    Contributor Level 19


    Lawyer agrees


    Answered . You can request to file for default.

    Assets will not necessarily all default to the petitioner; this is still up to the discretion of the judge. If the assets are significant, many judges will rightfully be very cautious about making such an order when one party has not responded.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Default Judgment in Divorce: When the Defendant Never Responds

Default divorce judgments are one-sided judgments favoring the plaintiff. They may be granted if the defendant doesn't respond when served.

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