Atlanta, GA asked in Family Law for Florida

Q: Why would a judge allow a respondent time to answer to a divorce petition a second time after a motion of default

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: Because the law strongly favors decisions on the merits as opposed to allowing litigants to avoid legal responsibility merely for procedural reasons.

If important lawsuits--like divorce lawsuits--could be defeated merely because one of the litigants failed to respond to some pleading within the prescribed time for response everyone on earth would eventually be affected--including you.

IMO, playing procedural games in serious legal situations where others have substantial interests--like young children who need child support from both parents in all the pending divorces out the--should be sanctionable.

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