Legal Question in Family Law in Florida
I am in the middle of a divorce proceeding. I had my husband served. On nov 17th he received all documents by the civil severant. At this time he was instructed verbally by the server and in writing by the papers he signed that he must respond within twenty days. He did not do so. At the 21st day I filed a motion for default. He then filed a document contesting the entire position. After the default was entered. We are headed to trial. He has recently aquired a lawyer. The lawyers first action she has made is to have the default set aside. Can I as petitioner file a document opposing the motion to set aside the default?
1 Answer from Attorneys
The Courts have a strong preference to hear cases on the merits. If he contested the default within a few weeks of its entry, then you are wasting your time opposing it. Just tell opposing counsel that you stipulate to vacating the default. He will prepare an Agreed Order. Then the case would be argued on the merits.
Are there any children involved?
What about real estate, and retirement accounts?
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Feel free to Google me.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
How long was the marriage?
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