Legal Question in Family Law in Florida
Dissolution of marriage....
I filed for divorce in June. She was served and given the 30 days to respond which court records show as no response as of Sept 03, 2008. What is my next step in getting the divorce process moving?
I have called clerk of courts several times and am being told that the case file is being given to the family courts something or other.
3 Answers from Attorneys
Re: Dissolution of marriage....
It lacks sufficient information as to country and court name, which is necessary to determine the reply. Please give full inforamtion.
Re: Dissolution of marriage....
Since she hasn't responded within the 20 days (not 30 days) required by law, you need to file proof that she was served. This was probably done automatically if you used the sheriff's department to perform the service. If you used a private process server, you may need to ask them for a "proof of service" affidavit.
If the proof of service has been filed, you can ask the clerk to enter a default against her, which essentially means you win the divorce on all issues except those relating to children. You can then set your case for final hearing, take a standard-form final judgment to the judge (which you can download from the Florida supreme court website), and you will be divorced.
Re: Dissolution of marriage....
If you have file the verified original return of service of process as non- served you can file for a clerks default if no paper has been filed by the other party.
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