When a spouse fails to participate in a divorce case, the court may issue a default final judgment in favor of the filing party. If you're going through a divorce in Florida and your spouse has not responded to your petition, you may be wondering what happens next. At Family Matters Law Group, P.A., we want you to be prepared for the legal process and understand what to expect at a default final hearing in your divorce case.

What Is a Default Divorce?

A default divorce occurs when one spouse (the petitioner) files for divorce, and the other spouse (the respondent) fails to respond within 20 days of being served with the petition. If this happens, the petitioner can request that the court enter a default judgment, allowing the divorce to proceed without the other spouse's participation.

What Happens at a Default Final Hearing?

Even though the other party is not participating, the court still requires a final hearing to ensure that the divorce terms are fair and legally valid. Here's what to expect:

1. The Court Will Proceed Without Your Spouse's Input

Once a default has been entered, the court assumes that the non-responding spouse has waived their right to contest the divorce. This means that you, as the petitioner, have the opportunity to present your case without opposition.

2. You Must Prove Your Case to the Judge

Even if your spouse does not show up, you still need to present evidence and testimony to support your requests. The judge will review your petition and determine if your proposed terms align with Florida law.

3. Division of Assets and Debts

Florida follows the principle of equitable distribution, meaning that marital assets and debts are divided fairly, though not necessarily equally. If you included a proposed division of assets in your petition, the judge will review it and, as long as it is reasonable, may approve it. However, the judge still has discretion to modify the division if it seems unfair or does not comply with legal standards.

4. Alimony Consideration

If you are requesting alimony, you will need to present evidence of your financial need and your spouse's ability to pay. The court may grant alimony even in a default case, but it will require sufficient proof that support is necessary.

5. Child Custody and Child Support

When minor children are involved, the court will determine parental responsibility, timesharing, and child support based on the best interests of the child. Florida courts follow Child Support Guidelines, which use financial information to calculate support amounts. If the non-responding spouse has not provided financial information, the court may estimate their income based on available evidence.

6. The Court May Deny Unreasonable Requests

A common misconception is that if a spouse does not respond, the petitioner will automatically get everything they ask for. However, the judge will review the fairness of all requests and ensure they comply with Florida law. If the court finds that certain demands are unreasonable or excessive, they may be denied or adjusted.

7. The Divorce Will Likely Be Granted

Florida is a no-fault divorce state, meaning that the court only needs proof that the marriage is irretrievably broken to grant the divorce. As long as all procedural requirements are met, the judge will likely approve the final divorce order at the hearing.

Final Thoughts: Preparing for a Default Divorce

If your spouse has failed to respond to your divorce petition, you have the right to move forward without their participation. However, a default hearing is not just a formality—you still need to present a strong case and ensure that your requests align with Florida family law.

At Family Matters Law Group, P.A., we have helped countless clients navigate the default divorce process. Whether you need assistance filing for default, preparing for your final hearing, or ensuring your rights are protected, we are here to guide you every step of the way.

If you have questions about default divorces in Florida, contact us today to schedule a consultation. Let us help you move forward with confidence.

Family Matters Law Group, P.A.

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