If your husband fails to respond within the allotted time frame, you may be able to file a motion for default judgment. This means that the court can make a decision without your husband's participation, and may result in a favorable outcome for you, including the division of property and assets.
Otherwise, you'll usually need to attend a default hearing, where a judge will review your proposed divorce judgment and may ask some questions or request that you submit more information before making an official ruling.
A petition for modification must be served to the other party. The petition must include certain allegations. The other party will have 20 days to respond to the petition. Ultimately, a judge will determine if substantial changes are present that warrant modifying a court order.
While default divorces can be beneficial, they also have potential drawbacks: Lack of Input: The respondent has no opportunity to present their side or contest the terms. Unfair Terms: If the petitioner requests terms that heavily favor them, the respondent could be at a significant disadvantage.
This motion for default final judgment may be filed by a landlord/plaintiff in a Florida eviction action to request that final judgment be entered against the defendant/tenant following its failure to respond to the plaintiff's eviction complaint within the requisite time-frame.
It means the original complaint was somehow changed -- whether to seek an absolute divorce or whether additional grounds for divorce were added -- can only be determined by a review of the complaint (which should have been mailed to you).
A petition for modification must be served to the other party. The petition must include certain allegations. The other party will have 20 days to respond to the petition. Ultimately, a judge will determine if substantial changes are present that warrant modifying a court order.
If you respond, this means you will participate in the divorce process and have input on any court decisions. You and your spouse may still agree and not need to go to court. If you don't agree, you can use a court process to have the court decide. File your Response within 30 days of getting the Petition.
Amended petition means a revised version of an original petition that contains substantive changes and therefore does not meet the definition of a corrected petition.