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

Fort Lauderdale, FL |

Do all assets default to the petitioner?

Attorney Answers 3


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.

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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.

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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 recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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