Legal Question in Family Law in Florida

Motion for Default in Divorce in Florida

My request for default was denied because it wasn't sent to the Judge, but the Clerk instead. The Respondent only responded with an extension request in September. I am now tasked to request motion for default through the Judge, while sending copies to the Respondent. The Respondent now has personally voiced to me that she opposes the divorce. How likely am I to be granted my motion for defualt?


Asked on 12/30/08, 7:53 am

1 Answer from Attorneys

Gordon Fenderson Fenderson Law Firm

Re: Motion for Default in Divorce in Florida

It depends. Your default was denied the first time becuase you did not do it properly. If you do it properly, it may be granted. But you can't just go to the clerk and get a default in this situation.

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Answered on 12/30/08, 5:34 pm


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