She is in default. Go to court and ask the judge to proceed according to law.florida i have a question my soon to be ex had 20 days to file an andwser to my lawyer she did not so my laywer got a court date for our divorce now she has filed for allamoney etc etc what should i do my lawyer wants 2000.00 more dollars to fight
In my experience, you should pay the lawyer, but make sure he is worth the money, this is not the arena to skimp on costs.florida i have a question my soon to be ex had 20 days to file an andwser to my lawyer she did not so my laywer got a court date for our divorce now she has filed for allamoney etc etc what should i do my lawyer wants 2000.00 more dollars to fight
sorry, but what the heck kind of advice is that? My advice is you should go to court and win.In my experience, you should pay the lawyer, but make sure he is worth the money, this is not the arena to skimp on costs.
Fair -sorry, but what the heck kind of advice is that? My advice is you should go to court and win.
my response was not to the op, but to the other poster who willy nilly said to go ahead and pay the lawyer. We can't even begin to ascertain whether or not that is a good idea. I should have put "Being Facetious" after my reply to go to court and win.Fair -
Our OP is already represented by a lawyer. The lawyer wants $2,000 more in order to proceed with the case. Obviously, the OP has left out a HUGE amount of information, otherwise the lawyer would already have proceeded with the default proceedings...
Gracie, I talked to a lawyer here in Florida and she told me that on day 21 after the respondent has been served, you can go to the court clerk and pretty much be divorced right away after the default has been issued and a court date has been set. I have never heard of the additional 5 days after the 20 days.Maybe I can clear up some confusion in this thread. OP said that her attorney has already set a hearing date. In Florida that is what a default is. When a respondent doesn't file a response within the 20 days (plus an additional 5 days) the petitioner can then file a "motion for default" with the court clerk. The court clerk then signs and issues a "default order". The only thing this does is it allows a hearing date to be set without a response being filed..
I always thought that all of the points you stated are true and could not find any information on these issues after searching the internet for a good while and reading all the fine print on the Florida Motion for Default and Default forms (12.922a and 12.922b). Do you have any links? This affects the original poster, my boyfriend (his wife was served on March 1st in Texas) and myself, my husband was served in California yesterday, we both reside in Florida. Thanks for any more detailed information on this !!Alot of people think that a default means that the responent cannot file a late response, or file a counter-petition, or that the default means the petitioner automatically wins, or that the responent loses all rights to be heard. None of those are true in Florida..
Florida Rule of Civil Procedure 1.090(e) http://phonl.com/fl_law/rules/frcp/frcp1090.htmGracie, I talked to a lawyer here in Florida and she told me that on day 21 after the respondent has been served, you can go to the court clerk and pretty much be divorced right away after the default has been issued and a court date has been set. I have never heard of the additional 5 days after the 20 days.
I always thought that all of the points you stated are true and could not find any information on these issues after searching the internet for a good while and reading all the fine print on the Florida Motion for Default and Default forms (12.922a and 12.922b). Do you have any links? This affects the original poster, my boyfriend (his wife was served on March 1st in Texas) and myself, my husband was served in California yesterday, we both reside in Florida. Thanks for any more detailed information on this !!
biker, I read the content of the website that Gracie posted in her last post (Florida Rule of Civil Procedure 1.090(e) http://phonl.com/fl_law/rules/frcp/frcp1090.htm) It more less says that there has to be a good reason for your soon to be ex not responding within the 20 day period. I think that $2,000 more is a lot of money and I would evaluate if your lawyer has really done anything for you yet and if it's really worth it. I'm in a similar situation and so is my boyfriend (we both filed for divorces here in FL from our ex's within 1 week LOL), we didn't consult a lawyer to fill out the paperwork and had them served recently through a civil process serve company (his ex is in TX, mine is in CA).florida i have a question my soon to be ex had 20 days to file an andwser to my lawyer she did not so my laywer got a court date for our divorce now she has filed for allamoney etc etc what should i do my lawyer wants 2000.00 more dollars to fight