Default Divorce Judgment in Florida: What You Need to Know
February 15, 2021
If your spouse has filed for a divorce, you must answer the petition to begin the process. You have to answer the petition or go to court to have a say in the finalization of the divorce. Should you fail to answer the petition, your spouse often receives a default divorce judgment in their favor.
The following are some things you need to know about default divorce judgments and why you should make an attempt to answer.
What Are the Benefits to a Default Divorce Judgment?
You can benefit from a default divorce judgment, particularly when budgeting for the divorce process. A default judgment is less expensive because you have fewer additional attorney's fees and court costs for hearings.
Because of the reduced expense, some couples opt for a default divorce to save money. Prior to the divorce petition, one spouse will agree to file the complaint while the other will agree not to respond. This leaves a couple to settle the terms of their divorce on their own using their own counsel.
Another benefit is the fact that the divorce is finalized faster with a default judgment. You do not attend hearings or other court meetings. One person simply files for divorce while the other waits for the decree. Within a few weeks or months, depending on the court's backlog of cases, a default judgment is issued, much faster than the traditional divorce route.
What Are the Downfalls of a Default Divorce Judgment?
If you have a prior agreement before a default divorce judgment, one spouse may not fully comprehend the process. Once the defendant spouse does not respond to the petition for divorce, they do not have the right to contest the order once it goes to court.
If you are the defendant in a divorce and your spouse files the divorce petition, you do not necessarily know what is inside the petition if you do not look at it. If you do not know what is in the petition, you cannot contest it later if you get a default judgment.
This is particularly concerning if your spouse has tied certain financial claims to your divorce petition. You could lose your assets if you never looked at the petition, which can cause you a great deal of hardship.
Can You Overturn a Default Divorce Judgment?
Keep in mind that many judges do not grant default divorce judgments unless an extreme circumstance exists. Some courts may make valiant efforts to serve a divorce decree before a default judgment. A judge may recognize an attempt to deliberately get a default divorce judgment and be unwilling to grant the divorce.
In addition, the court may allow some time to overturn the default judgment if one party can provide a good reason for doing so. If this happens, the process starts over, wasting time and ultimately costing you both more money.
In the state of Florida, divorce laws require certain factors to overturn the default divorce judgment. You must first show there was excusable neglect, which provides a legitimate reason for not answering the summons within a certain period of time. You cannot claim you did not understand the law as part of excusable neglect. Excusable neglect includes illness or another significant emergency that prevents you from answering the summons.
You also have to show you have a meritorious defense, which addresses the essential parts of the case and doesn’t use tactics to delay the divorce case.
Finally, you have to show you acted with due diligence to respond to the default divorce judgment as soon as you learned about it. Your due diligence will depend on your own circumstances. Be sure to speak to an attorney to ensure you can properly satisfy this requirement of Florida divorce law.
For more information, please contact Budget Divorce Center .
The following are some things you need to know about default divorce judgments and why you should make an attempt to answer.
What Are the Benefits to a Default Divorce Judgment?
You can benefit from a default divorce judgment, particularly when budgeting for the divorce process. A default judgment is less expensive because you have fewer additional attorney's fees and court costs for hearings.
Because of the reduced expense, some couples opt for a default divorce to save money. Prior to the divorce petition, one spouse will agree to file the complaint while the other will agree not to respond. This leaves a couple to settle the terms of their divorce on their own using their own counsel.
Another benefit is the fact that the divorce is finalized faster with a default judgment. You do not attend hearings or other court meetings. One person simply files for divorce while the other waits for the decree. Within a few weeks or months, depending on the court's backlog of cases, a default judgment is issued, much faster than the traditional divorce route.
What Are the Downfalls of a Default Divorce Judgment?
If you have a prior agreement before a default divorce judgment, one spouse may not fully comprehend the process. Once the defendant spouse does not respond to the petition for divorce, they do not have the right to contest the order once it goes to court.
If you are the defendant in a divorce and your spouse files the divorce petition, you do not necessarily know what is inside the petition if you do not look at it. If you do not know what is in the petition, you cannot contest it later if you get a default judgment.
This is particularly concerning if your spouse has tied certain financial claims to your divorce petition. You could lose your assets if you never looked at the petition, which can cause you a great deal of hardship.
Can You Overturn a Default Divorce Judgment?
Keep in mind that many judges do not grant default divorce judgments unless an extreme circumstance exists. Some courts may make valiant efforts to serve a divorce decree before a default judgment. A judge may recognize an attempt to deliberately get a default divorce judgment and be unwilling to grant the divorce.
In addition, the court may allow some time to overturn the default judgment if one party can provide a good reason for doing so. If this happens, the process starts over, wasting time and ultimately costing you both more money.
In the state of Florida, divorce laws require certain factors to overturn the default divorce judgment. You must first show there was excusable neglect, which provides a legitimate reason for not answering the summons within a certain period of time. You cannot claim you did not understand the law as part of excusable neglect. Excusable neglect includes illness or another significant emergency that prevents you from answering the summons.
You also have to show you have a meritorious defense, which addresses the essential parts of the case and doesn’t use tactics to delay the divorce case.
Finally, you have to show you acted with due diligence to respond to the default divorce judgment as soon as you learned about it. Your due diligence will depend on your own circumstances. Be sure to speak to an attorney to ensure you can properly satisfy this requirement of Florida divorce law.
For more information, please contact Budget Divorce Center .
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