Q: Can a respondent file for motion to dismiss in a divorce case after a default was granted due to no response?
I filed for divorce pro se from my husband who I haven't seen in 15+ years. I live in Florida and meet the residency requirements and he lives in Tennessee. He did live in Florida about 10 years ago but we have never resided together here. He was served and all paperwork was filed and he never responded to anything. About 2 weeks after the default was granted (it was granted 1/19/18) he filed for a Motion to Dismiss the case. I did not know this until today when I received a notice to appear in court next month. I was told by the court in February I was just waiting for the letter of approval to request a final hearing. What would be the court's purpose for even allowing this if he never responded in the first place? I also have no idea why he would delay. There was no property, children, and he has not paid a dime towards the divorce.
A: It appears that the court is viewing the motion to dismiss as being also, in effect, a motion to set aside the default. Such a motion (to set aside a default) are liberally granted, although you could move to strike the motion. You should review the motion to dismiss and be prepared to discuss at the hearing whether it has any merit.
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