Motion For Default Judgment Divorce In Florida
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
How long a divorce takes in Florida depends on several factors, primarily whether the divorce is uncontested or contested. An uncontested divorce in Florida takes between six weeks and three months. A contested divorce takes between six months to a year to come to a resolution.
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).
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.
Essentially, a default divorce means you can be granted the request in your divorce petition without the defendant being involved. The court of jurisdiction will proceed with the divorce process, and the defaulted party will have forfeited any right to future notice of legal proceedings in the case.
You must send notices of both the default hearing and the final hearing to your spouse. Because default divorces also have a 20-day waiting period and you must attend two separate hearings, the entire process may take a few months to complete.