Has my wife defaulted by not responding?

Question: I have filed for divorce in the state of Florida. My wife had 20 days to respond to my petition. She never responded. I have since filed a "motion to default". Does this mean that I will receive what I have asked for in the petition?

Answer: Yes, within reason. I cannot answer your question specifically to the laws of Florida as I sadly do not live or practice law in the Sunshine State. In most jurisdictions the judge will review the proposed default judgment to determine that it is "fair and not unconscionable" with regard to the property/debt distribution, that the custody order is in the best interest of the children and child support is calculated correctly per the State guidelines. I have had cases where a court has slightly modified my proposed default judgment, but not in any significant manner. Some jurisdiction do not allow for attorney fees in default hearings. Finally, be aware that your wife can attempt to set aside the judgment for a period of time.

Return to Search Page