Legal Question in Family Law in Florida

My with filed divorce proceedings on August 30. I filed counter petition, Financial and Indigent request on Sept. 16. They filed cross claim on Sept. 22. They have not given me a copy of cross claim or filed a financial affidavit as I have. Today is the 45 day time limit for Financial affidavit. I have all the paper work for a "Motion for default" due to their not filing or providing me with the documents. Should I file the motion for default or will that mess me up? Thanks


Asked on 10/14/10, 7:05 am

1 Answer from Attorneys
Carmen Demapan Blind Ear Law Group, PA.

If your wife has not filed an Answer to your Counterpetition within the respective deadline, you can file a Motion for Default as to that Counter-petition. As far as the financial affidavit, you need to file a Motion to Compel Financial Affidavit and Mandatory Disclosure if you've already filed yours. The deadline is typically 30 days or 35 days if by mail and if they don't respond or file then you would file a Motion for Contempt and set before the Court.

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Answered on 10/19/10, 7:49 am


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