Q: Can a default be filed when all divorce paperwork was not submitted by respondent?
My ex went to the clerk of courts and filed several of the documents he was required but not all by the 20 day deadline. Since technically he has responded I don't know if a default is an option or if I can request a hearing.
A:
A motion for default is an option.
Florida Rules of Civil Procedure, Rule 1.500 provides in pertinent part that:
"... (b) ... When a party against whom affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or any applicable statute or any order of court, the court may enter a default against such party; provided that if such party has filed or served any paper in the action, that party shall be served with notice of the application for default. ..."
It appears that your ex may have violated an order of the court; if so default might be one possible remedy.
Note: this rule is similar to, but not entirely the same as, Rule 55 of the Federal Rules of Civil Procedure.
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