What next?

[adogg1219]

What is the name of your state (only U.S. law)? Florida

I filed for dissolution of marriage and had my husband served. Two weeks letter, he sent me a registered letter for a Marital Settlement Agreement (I don't agree to the terms).

However, he did not file his response with the courthouse. So is the agreement he sent me basically worthless? Can I just move forward with the Motion for Default?

(He's out of the country now, by the way)

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida

I filed for dissolution of marriage and had my husband served. Two weeks letter, he sent me a registered letter for a Marital Settlement Agreement (I don't agree to the terms).

However, he did not file his response with the courthouse. So is the agreement he sent me basically worthless? Can I just move forward with the Motion for Default?

(He's out of the country now, by the way)

If he didn't send anything to the court house and the time for response has elapsed, you can move forward for motion for default. Anything sent to you is completely irrelevant as far as the court is concerned.

Of course, when the judge asks if you've heard from him, you'll have to show him the letter you received and the judge may not give you the default judgment you requested, anyway.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Florida

I filed for dissolution of marriage and had my husband served. Two weeks letter, he sent me a registered letter for a Marital Settlement Agreement (I don't agree to the terms).

However, he did not file his response with the courthouse. So is the agreement he sent me basically worthless? Can I just move forward with the Motion for Default?

(He's out of the country now, by the way)

If he didn't file anything with the court, you can file a motion for default. All that will do will be to allow a final hearing to be set, without having to go to mediation, and without him filing a response.

Why is he out of the country?

Is it work related?
Is he in the military and deployed?

 

[adogg1219]

He is out of the country working. HOWEVER, he does not have a visa to work there and is getting paid under the table. He is not in the military. He basically left the country because he is angry with me for divorcing him.

I just called the courthouse. He did not file an official response to my petition, but he did file the Marital Settlement Agreement (which I do not agree with). Not sure what the next step is now.

 

[Gracie3787]

He is out of the country working. HOWEVER, he does not have a visa to work there and is getting paid under the table. He is not in the military. He basically left the country because he is angry with me for divorcing him.

I just called the courthouse. He did not file an official response to my petition, but he did file the Marital Settlement Agreement (which I do not agree with). Not sure what the next step is now.

Since he filed the sttlement agreement, it is considered to be an answer, so you cannot file for a default.

The first thing you need to do is to find out if your county requires mediation before a final hearing can be set. You can find that out through your local self-help center, which you can find at Florida State Courts