Legal Question in Family Law in Florida

Responsive pleading deadline not met by defendant

Service of process was effected upon spouse by serving the Summons & a copy of the Petition for Dissolution of Marriage. Spouse's responsive pleading was due on or before Aug xx,08 [20 days after service]. If spouse has failed to file responses to the petition for dissolution of marriage....what happens next?? Will a default be entered?? Can the spouse ask for more time to respond? Help.


Asked on 8/14/08, 11:24 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Responsive pleading deadline not met by defendant

The spouse who was served can most definitely request additional time to respond to your petition and the court will likely grant a reasonable first request for extension. However, you should be notified of the request and all responses by the court.

As for the default. If the spouse does not respond to the petition within the 20 days the petitioner can request that a default be entered by the court.

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Answered on 8/15/08, 10:52 am


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