After 20 days from service, the petitioner can move for default. Once entered, the respondent loses the right to defend — but the court still applies statutory factors before entering judgment.
Quick Answer
If a Florida spouse doesn’t answer within 20 days of service, the petitioner can move for default under Family Law Rule 12.500. The clerk enters default; the petitioner proceeds to a final hearing. The court still applies statutory factors for child support, custody, and alimony — default doesn’t bypass best-interest analysis. Default judgments can be set aside within 1 year on grounds like excusable neglect, fraud, or void judgment under Rule 12.540. Free consultation: 877-862-7188.
1. Wait 20 days from service. Properly counted from the date personal service was completed (or from waiver date for voluntary acceptance). Don’t move early — premature motions get denied.
2. Motion for clerk default. File a Motion for Default with proof of service. The clerk reviews and enters default if procedurally proper. The respondent’s right to defend is foreclosed.
3. Notice of final hearing. Even after default, the petitioner generally must give notice of the final hearing date so the respondent has a chance to appear if circumstances change.
4. Final hearing. The petitioner presents evidence supporting all claimed relief. The court applies statutory factors — § 61.075 for property, § 61.30 for support, § 61.13 for timesharing, § 61.08 for alimony — using the petitioner’s evidence. The court may decline to grant exactly what was pleaded if the evidence doesn’t support it.
5. Final judgment. The court enters the divorce, including custody, support, and property division as supported by the evidence. Default judgments can be set aside within 1 year under Rule 12.540 on grounds including excusable neglect, fraud, or void judgment.
Limit on personal jurisdiction. If the respondent was served by publication (constructive service after diligent search) and never appeared, the court generally cannot enter a personal money judgment for alimony or non-Florida property. The divorce can still proceed; remedies for support and out-of-state property may need to wait until personal jurisdiction is obtained.
Strategy when a spouse is non-responsive or evading service.