Get FL 12.903(b) 2010

If you don't respond to the papers once you've received notice, your spouse asks the court to give him a final hearing on the divorce. ... A default judgment occurs when one spouse was summoned to court but didn't respond, leaving the judge to award the divorce based on the facts shown on the filing spouse's petition.

You answer the divorce petition to let the court know your position in the divorce case. ... If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.

If you do not respond to a civil summons, the court can grant the other party judgment against you in the underlying case. This means the other side will automatically win. Failing to honor a criminal summons, by contrast, could lead to your arrest and even time in jail.

You answer the divorce petition to let the court know your position in the divorce case. You answer the divorce petition to tell the judge what you want in the divorce. ... If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce.

Deadlines. At a minimum, you should have about 20 days to file a response with the court, but this varies from state to state. In most cases, the divorce papers you receive will include a document called a summons or citation, depending on where you live.

When a party fails to respond to a divorce petition within the time proscribed by law, the party is "in default." This can also happen if a party fails to show up for a court hearing. The other kind of default is a "default judgment" -- generally, the last step in finalizing an uncontested divorce.

You have 60 days from the day you file your divorce papers to serve your spouse. If you are not able to serve within that time, you can request more time. You should request more time before the 60 days is up if you can.

It is not illegal to avoid service of process. In most cases, however, service is inevitable. As Mr. Alexander notes, if you avoid service long enough, the plaintiff may still serve you by publication in most cases.

The sheriffs and constables in most states will serve your divorce papers on your spouse for you in exchange for a fee. Many states also allow you to hire a private process server. One advantage to this is that the sheriff is usually limited to business hours when trying to locate your spouse.

When a divorce is filed, a Summons is issued which must be filed with a Complaint for Divorce. The Summons is only good for 90 days, so "the papers" must be served within 90 days of filing of the papers with the court. As a practical matter...

If you don't respond to the papers once you've received notice, your spouse asks the court to give him a final hearing on the divorce. ... A default judgment occurs when one spouse was summoned to court but didn't respond, leaving the judge to award the divorce based on the facts shown on the filing spouse's petition.

Check the petition papers to see if an answer form is included. ... Contact the court if no answer form was included with the petition papers. ... State what you disagree with on the petition and why on the answer form. ... Bring the written answer form and your photo identification to a notary public.

Filing Fee To begin a divorce case, you must file a petition for dissolution of marriage with the clerk of court of the county in which you reside. Each court imposes a filing fee, which varies according to your location but averages about $300 nationwide.

The national average cost of a divorce is about $15,000 per person, including attorney's fees, court costs, and the cost of hiring outside experts such as a real estate appraiser, tax advisor, or child custody evaluator. The cost seems more reasonable when you consider how long the process takes.

Check the petition papers to see if an answer form is included. ... Contact the court if no answer form was included with the petition papers. ... State what you disagree with on the petition and why on the answer form. ... Bring the written answer form and your photo identification to a notary public.