Can my husband still request that the judge award himmoney if we had a divorce bydefault?

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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 10 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.


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