Can my husband still request that the judge award himmoney if we had a divorce bydefault?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my husband still request that the judge award himmoney if we had a divorce bydefault?
I filed divorce papers and had my husband served. After 20 days he didn’t respond so I was able to file a motion for default and received a non-jury trial. I sold my car (title in my name only) and now my husband wants to come to the trial and ask for money. Can he even ask since this is a default divorce without any mediation?
Asked on July 20, 2011 Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is a procedural question best asked to an attorney in your area. Generally, obtaining a judgement of any kids by default may not necessarily stop a person from being able to attend a trial on the "damages" of the matter. They have only given up their right to contest the actual severing of the marriage. And is some states courts can not decide the issue or distribution of marital property where an order granting adivorce was based upon a default. It is my understanding that in he state of Florida a divorce that is granted based upon a default is considered an uncontested divorce and that the matter is set down for trial sometime within the 90 days thereafter. As for the car, even though it was titled in your name only if it was purchased during the marriage then it can be considered marital property. Get help here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.