Legal Question in Family Law in Florida

I filed for a divorce in May 2014, there were multiple hearings because my husband didn't file the financial affidavit. The last hearing was a motion for a default on Feb. 20, where the magistrate gave my husband 15 days to complete the paperwork till March 17. On 3/23/2015 the judge signed the ORDER ON REPORT ON WIFE'S MOTION FOR ENTRY OF JUDICIAL DEFAULT. My husband didn't file any paperwork. I have a pro-Bono lawyer.she says she doesn't understand why the court doesn't enter a default judgment. She talked to the magistrates assistant, who told her she doesn't need to do anything else, they will prepare the default. How long does that usually take? What can I do, I am a German citizen and don't get any financial support from my still husband since last year in May.He cancelled the creditcards I was using and my and my daughters health insurance without telling us.the motion for temporary Relief was denied by the magistrate last year in July, because my husband didn't file the financial affidavit before the hearing . Is there any motion that can be filed that the court review the case? My lawyer told me, it is maybe better when I will go pro-see with my case, so the court will have to do something.


Asked on 6/30/15, 4:56 pm

2 Answers from Attorneys
John Smitten Carey and Leisure

Set it for a hearing again with the court.

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Answered on 6/30/15, 6:08 pm
Lucreita Becude Lucreita D. Becude, P.A.

I would suggest you find a pro bono attorney through the legal aid program in your area if you can not pay for an attorney. Paralegals are good but this one that you have spoke to is not in her prime of experience. I believe you would do much better getting an attorney to resolve your problem. I would not suggest having a hearing until you know how to represent yourself.

It takes a lot of practice to maneuver the court system. If you have children by this man, you should be receiving child support. You are entitled to know what his income is and those records can be subpoenaed. Please get with an attorney.

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Answered on 7/01/15, 8:36 am


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