Default Divorce​

You filed for divorce from your spouse and then you waited, a nd waited, but got n o response, n o acknowledgment, absolutely nothing from your ex-spouse . Maybe they think avoiding the paperwork will stop the divorce proceedings. Maybe they believe silence gives them control, or m aybe they assume you’ll give up. 

A default divorce puts the power back in your hands. If your ex-spouse refuses to respond, Florida law lets you move forward without them. Their clock has run ou , and now, it’s your turn. 

What Is a Default Divorce? 

A default divorce happens when one spouse files, serves the papers, and the other does nothing. Florida law gives them 20 days to respond. If they miss that deadline, the court can enter a default judgment, allowing the case to move forward—without them. 

That means you can finalize your divorce, divide property, and establish custody and support on your terms. The law won’t let them hold you hostage, so no more waiting, and no more stalling.

What Happens After the Deadline? 

Once 20 days pass with no response, you can take legal action. 

You can file a Motion for Default, asking the court to rule in your favor. Once approved, the case moves forward without your spouse’s involvement. They will not have the opportunity for arguments, counteroffers, or any back-and-forth. 

A final hearing is set, during which t he judge reviews your requests. As long as they’re fair and follow Florida law, they’ll likely be granted. You control the outcome—not your spouse. 

What If My Spouse Is Missing? 

If your spouse isappears it doesn’t stop a divorce. If your spouse is truly missing, Florida law requires you to make reasonable efforts to find them. This includes: 

• Checking their last known addresses.
• Searching social media, job records, and public databases. 
• Contacting family, friends, or previous employers. 

If they still can’t be located, you can request service by publication—a legal notice in an approved newspaper. After a set waiting period, the court moves forward without them.

They can run, t hey can hide, b ut they can’t stop the inevitable divorce from happening. 

What Can Be Decided in a Default Divorce? 

A default divorce resolves all major issues, just like a contested case. This includes:

• Division of assets and debts 
• Alimony/spousal support 
• Child custody and time-sharing 
• Child support 

But here’s the catch—you only get what you ask for in your original petition. If you don’t include alimony, you can’t go back and add it later. If you forget to list a specific asset, it won’t be divided. 

This is why filing correctly from the start is critical. A mistake in your petition could cost you money, property, or even parenting rights. At Bergermann Law Firm, we help you g et it right the first time. 

Can My Spouse Undo a Default Divorce?

They can try, but the window is small. 

A spouse who ignored the case can file a motion to set aside the default, but they must prove: 

They were never properly served. 

They had a valid reason for missing the deadline (hospitalization, military deployment, etc.). 

Fraud or misrepresentation occurred in the case. 

Simply ignoring the divorce isn’t enough to overturn it. Once a final judgment is entered, undoing it is nearly impossible. 

If your ex didn’t take this seriously before, it’s too late now. 

Take Back Control. Move Forward. 

Your spouse had their chance, but t hey ignored it. You don’t need their permission to get divorced. You don’t need them to agree. You don’t need to keep waiting. 

A default divorce is your path to freedom. It’s fast, effective, a nd it puts you back in control. The only mistake? Doing it wrong. Filing errors, missed details, or incorrect service could derail your case. That’s where we come in. Call (239) 334-0075 today. Get the divorce you deserve—without the wait.