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What to do when Husband doesn't respond to 20 day summons in Florida

Rockledge, FL |
Filed under: Divorce

What to do when Husband doesn't respond to 20 day summons in Florida

Attorney Answers 4

Posted

File a Motion for Default and secure a Clerk's Default.

This response does not create an attorney-client relationship. Unless you are already a client of the Sosa Law Office, P.A., pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Melissa Sosa, Esq. melissa@sosalawoffice.com 813-681-5640.

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Posted

I agree with Ms. Sosa; however, if there are minor children of the marriage, a court cannot determine issues of time-sharing/parental responsibility based on a default. You will have to set a final hearing on those issues, and serve the Husband accordingly. I suggest you serve him in the same manner in which you served him with the Petition for Dissolution.

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Posted

A Default can be entered by the clerk which they can help you with. This will entitle you to a divorce (after a hearing) but will not resolve property issues or child custody shared parental and support issues. Giving notice by service (process server, sheriff, at least certified mail- something to prove husband had notice and an opportunity to appear) will be required for the court to enter further orders affecting his rights. You should write a request to the court asking for what you want,copy your husband with what you provide the court and ask the court to set a final hearing on those issues and to obtain a divorce. the court clerk or Judges assistant will help.

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Posted

File for a clerk's default and when the clerk enters the default, set a final hearing.

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