Legal Question in Family Law in Florida
Motion for Default per No Answer to Counterpetition
I was served with the divorce papers and answered within the 20 days. This is not simplified by the way, there is a child. In his petition there was no implication of visitation or anything but the divorce. In my answer to his petition I stated exactly what I wanted and also filed all the neccesary paperwork. He never responded to my answer of his petition within the 20 days allocated. Question: Should I file a motion for default along with a Motion for Hearing since he didn't reply? This relationship was long gone when he cheated on me and even admitted to it, but I have no way of proving it in court since I don't know who the girl is. I want to remarry but this is being drawn out. So, if I file those two things, will it speed things up and if so, what will this do for me in turn? Thanks so much!! This site is very helpful!!
1 Answer from Attorneys
Re: Motion for Default per No Answer to Counterpetition
As I understand, the husband filed a Petition for Dissolution. You, the wife, then filed an Answer (to his Petition) and also filed a Counter-Petition asking for your own relief. He failed to respond to this.
I doubt the Judge (since you are both operating pro se without attorneys) would dismiss anything. He will probably grant your relief.
As far as the Dissolution goes, Florida is a No-Fault state and the only ground you have to deal with is that "the marriage is irretreviably broken." That is clear from your statement.
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