The divorce process is initiated when one spouse files a Petition for Dissolution of Marriage with the court. The other spouse, called the respondent, is formally served with divorce papers, and then only has 20 days to respond from the date they were served. Ignoring this deadline is not a good idea. Failing to file a formal response could lead to a “default divorce,” which has significant consequences. A default divorce can proceed without the other spouse responding to the petition.
You have 20 days to respond to the divorce petition
If the respondent spouse fails to file an answer within 20 days of being served the divorce petition, the petitioner can file a Motion for Default with the court. This motion informs the court that the respondent has not engaged in the legal process. If the court finds that the respondent was properly served yet failed to respond, a default judgment will be entered against them, allowing the divorce to proceed without their participation.
What are the consequences of a default divorce?
A default divorce has unfavorable consequences for the spouse who fails to respond. These include:
- Losing the right to contest – Once defaulted, the non-responding spouse loses the right to present their side of the story, negotiate terms, or contest the request made in the original divorce petition.
- One party makes the decisions – The court will proceed with the divorce based on the terms outlined by the petitioner. These terms may not align with the defaulted spouse’s best interests.
- Asset and debt division – Florida divides marital assets in accordance with what is equitable. However, in a default divorce, the petitioner can request how the assets are divided, and their requests are more likely to be accepted by the court.
- Alimony and spousal support – If the petitioner requests alimony and the respondent fails to respond to the divorce petition, the court can award alimony based on the petitioner’s presented evidence alone without considering the non-responding spouse’s finances.
- Child custody and support – A non-responding spouse can lose the ability to significantly influence the court’s decision when it comes to child custody. The court may estimate your financial information based on your spouse’s evidence.
- Enforcement of orders – Default judgments are legally binding. Failure to obey the final judgment, which can include alimony and child support, can lead to enforcement actions such as wage garnishment or property liens.
Set aside default
In some cases, it may be possible to “set aside” the default judgment. To successfully overturn a default, you must demonstrate:
- Excusable neglect – A legitimate reason that you failed to respond in time. This can include a serious illness or injury.
- Meritorious defense – A valid defense or justifiable reason to contest the terms of the divorce.
- Due diligence – That you acted promptly to address the default once you became aware of it.
Talk to a Tampa, FL, Divorce Lawyer Today
Westchase Law, P.A., represents the interests of Tampa residents during their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin representing your interests right away.