UNCONTESTED DIVORCE by DEFAULT
after PERSONAL SERVICE
Attorney Prepared Pleadings $149
Spouse does not respond to Petition
In a normal divorce, after your spouse is served with the pleadings you've filed, he/she has 20 days to respond by filing an Answer. However, if he/she doesn't respond within 20 days you can file for a default judgment. The court will consider a default as your spouse's complete agreement with your pleadings and will grant what you requested. So, if you are just asking for a divorce and claim that all property and debts have already been divided by the parties, and you spouse agrees, then your spouse has no reason to contest the case.
But, if your spouse disagrees with anything in your petition or wants relief of his/her own then he/she will file an answer and the case is contested. Once an aswer is filed you are required to continue with your case until the parties are in agreement or the judge decides the issues at final hearing. You will have to contact the clerk or case manager for instructions on how to continue if an answer is filed.
SUMMARY OF WHAT TO EXPECT:
You respond to my questionnaire and I send the completed documents for you to sign.
You file the case at your local clerk's office and pay appropriate court costs.
Your spouse is served and does not respond for at least 20 days,
You request a default judgment at the clerk's office,
After default is entered you ask the clerk to set a final hearing before the judge.
You do not have to buy forms and worry if you are using them correctly or filling them out properly. You do not have to depend on complex instructions or non lawyer advice to properly file your case.
I will prepare your pleadings and documents according to the requirements of the laws of the State of Florida and the local procediures of the Circuit Court in your area.
FAQs for Uncontested Divorce after Default by Spouse
1. How long does this process take?
Including the 20 days you have to wait for your spouse to default, this uncontested divorce will take about 60-90 days.
2. How and when to pay?
Your initial payment of $149 will pay your legal fees in full and can be made through this website or mailed to me by check. You are hiring me to prepare your documents only. You will pay the court costs of about $400 to the clerk when you file (how much depends on your county's fees).
If you cannot afford to pay the court costs you can apply for financial assistance when you file. You may be granted full or partial relief. Remember however that if you are not approved for assistance you will have to pay the full filing fee before your case can continue.
Regarding changes in completed documents: If my fault, no charge, of course. If you made a mistake or request a change to a completed document there will be a $50.00 fee per document required to be changed.
3. What if you have questions?
You are hiring me to prepare your document and I will answer your questions until all documents are prepared properly and in your hands. Any questions after that should be directed to the local clerk or case manager at the courthouse.
4. Is this service right for you?
This uncontested divorce is inexpensive and is best suited for couples who have already divided their property and have no children in common (and the wife is not pregnant). If the respondent wants to ask the court for any kind of relief it will turn into a normal contested divorce.
5. Contract for Legal Services
The Contract for Legal Services is found here and on the Contact page of this site. By making your payment either online or by mail you are agreeing to the terms as set forth therein.
6. Wife's Former Name
If the wife is filing the case she may ask the court to restore her former name. It is accomplished easily and at no extra cost in this procedure but is costly if done after the case is closed.