Hello, I live in Florida and I’ve been dealing with this case for a while now. My spouse and I have been separated for 5 years, and she has the children at her house, refusing to let me see them. We only communicate through text messages. Despite sending financial papers multiple times, she hasn’t responded to anything, including motions to compel. I believe I need to file a motion for default to bring her to court so we can move forward and I can see my kids. Is filing a motion for default the only way I can proceed with the divorce? She hasn’t responded to any court communications for a year and a half. My primary goal is to have access to my kids. Thank you.
If your spouse is not responding to your divorce petition in Florida and you want to proceed with the divorce process, you may pursue a default judgment. Here are the general steps to get your spouse in court:
- Serve the Divorce Papers: Ensure that you properly served your spouse with the divorce petition and summons according to Florida law. This typically involves having someone other than yourself, such as a process server or sheriff’s deputy, deliver the documents to your spouse.
- Wait for Response Deadline: Your spouse has a specific period to respond to the divorce petition after being served. In Florida, the response time is typically 20 days if served within the state or 30 days if served outside the state.
- File Motion for Default: If your spouse fails to respond within the allotted time frame, you can file a Motion for Default with the court. This motion informs the court that your spouse has defaulted by not responding to the petition.
- Affidavit of Non-Military Service: If your spouse is in the military and you served them while they were on active duty, you’ll need to file an affidavit affirming their non-military status or compliance with the Servicemembers Civil Relief Act.
- Request Default Hearing: After filing the Motion for Default, you can request a default hearing. In this hearing, you’ll ask the court to grant the divorce based on your petition since your spouse failed to respond.
- Prepare Default Judgment: Prior to the default hearing, you’ll need to prepare a proposed default judgment outlining the terms of the divorce, including issues such as child custody, visitation, support, and property division.
- Attend Default Hearing: Attend the default hearing as scheduled. During the hearing, the judge will review your petition, evidence of service, and proposed default judgment. If everything is in order, the judge may grant the default judgment and finalize the divorce.
- Serve Final Judgment: After the default judgment is entered, you must serve a copy of the final judgment of divorce on your spouse.
It’s essential to follow all legal procedures carefully and ensure that your spouse’s rights are protected throughout the process. If you’re unsure about any steps or need legal guidance, consider consulting with a family law attorney in Florida to help you navigate the default divorce process effectively.