Dissolution of marriage final hearing

[BlissfulMommy]

What is the name of your state? Florida

My boyfriend just had his dissolution of marriage hearing this morning. His STBX was on the phone with the magistrate while he was in the magistrate's chambers - it was handled as if his STBX was actually "present" - WTF ?! - BY PHONE ????. She claimed that "she sent the answer to the wrong address" (the court's address is in HUGE CAPITAL LETTERS on the "Summons: Personal Service on an individual" that she was served with) and that is why she is in default. The magistrate didn't buy her story at all, especially since she was served on March 1st 2007, about 2.5 months ago and has not sent anything to the court since then and hasn't called the court at all before either in regards to the divorce.

The magistrate gave her 10 more days to send in the paperwork on her behalf, if she doesn't respond within this time frame, my boyfriend will automatically be divorced. She mentioned the second wedding ring set she bought before they got married with her Sears card - because she "didn't like" the engagement ring my boyfriend bought her - and the debt she has from buying a car before they were married. The magistrate told her that she has to provide "hard proof" such as receipts of those debts before they are even considered in any way. The STBX thinks that my boyfriend is responsible to pay for all that even though those debts were incurred before they were married. It doesn't seem right that someone who has had NO interest in the whole dissolution of marriage for months is actually allowed more time.

Is there a precedence case or Florida law that actually allows the magistrate to give the STBX more time to respond ? Is it a common procedure ? I have been researching but couldn't find anything. This is major BS. This woman just wants to prolong the divorce proceeding - she can't let go. Any advice or input is greatly appreciated !!

 

[CJane]

What is the name of your state? Florida

My boyfriend just had his dissolution of marriage hearing this morning. His STBX was on the phone with the magistrate while he was in the magistrate's chambers - it was handled as if his STBX was actually "present" - WTF ?! - BY PHONE ????.

Very common and totally allowable.

She claimed that "she sent the answer to the wrong address" (the court's address is in HUGE CAPITAL LETTERS on the "Summons: Personal Service on an individual" that she was served with) and that is why she is in default. The magistrate didn't buy her story at all, especially since she was served on March 1st 2007, about 2.5 months ago and has not sent anything to the court since then and hasn't called the court at all before either in regards to the divorce.

The magistrate gave her 10 more days to send in the paperwork on her behalf, if she doesn't respond within this time frame, my boyfriend will automatically be divorced.

Obviously the magistrate believed her story enough to grant her more time to respond. Would you rather she NOT be granted the time and appeal the decision and it take even longer for your boyfriend to be divorced?

It doesn't seem right that someone who has had NO interest in the whole dissolution of marriage for months is actually allowed more time.

Why?

Is there a precedence case or Florida law that actually allows the magistrate to give the STBX more time to respond ? Is it a common procedure ? I have been researching but couldn't find anything. This is major BS. This woman just wants to prolong the divorce proceeding - she can't let go. Any advice or input is greatly appreciated !!

It's common enough and totally allowable.

I don't really see how prolonging the divorce proceedings by 10 DAYS is 'not letting go'.

Do they have kids? If so, you probably should get used to dealing with her and accepting her faults and assorted crazinesses or run like hell now.

 

[BlissfulMommy]

CJane, no, they don't have children. THANK GOD ! It's just that all of a sudden she has interest to "object" to the fact that he filed for the dissolution of marriage, do you know what I mean ? It was not important to her prior to today - for whatever reason. I didn't know that it was common for magistrates to grant people who are in default more time to respond. But hey, I've learned something new I agree with you that it is better for her to have a chance to respond now than her appealing and prolonging the procedure later. CJane, thanks for responding !!

My dissolution of marriage hearing is next wednesday, so I like to be prepared and know what I can expect. I seriously doubt that my STBX is going to call in like my boyfriends' STBX did today - he lives in California. Do you know what is going to happen if he doesn't "attend" the hearing by phone or in person ? He hasn't responded at all and is in default as well.

 

[CJane]

Do you know what is going to happen if he doesn't "attend" the hearing by phone or in person ? He hasn't responded at all and is in default as well.

Well, no, I don't know what will happen.

But I believe, if you want the judge to issue a default judgment, you have to ask them to - perhaps with a motion - and probably prove that they were properly served and CHOSE not to participate.

 

[BlissfulMommy]

Well, no, I don't know what will happen.

But I believe, if you want the judge to issue a default judgment, you have to ask them to - perhaps with a motion - and probably prove that they were properly served and CHOSE not to participate.

The final hearing was scheduled because 1. he has been served the dissolution of marriage papers on March 12th 2007, 2. he chose not to respond within the 20 day period he got and 3. I filed a motion for default and the court accepted it. Everything went the proper way. He has not, in any way, contacted the court in regards to the dissolution of marriage. I'll let you know next wednesday how it went

 

[Bali Hai]

Well, no, I don't know what will happen.

But I believe, if you want the judge to issue a default judgment, you have to ask them to - perhaps with a motion - and probably prove that they were properly served and CHOSE not to participate.

If OP can't get answers here, I suggest she contact Dr. Phil.

 

[BlissfulMommy]

If OP can't get answers here, I suggest she contact Dr. Phil.

Bali Hai, go eat a banana

 

[Golfball]

CJane, no, they don't have children. THANK GOD ! It's just that all of a sudden she has interest to "object" to the fact that he filed for the dissolution of marriage, do you know what I mean ? It was not important to her prior to today - for whatever reason. I didn't know that it was common for magistrates to grant people who are in default more time to respond. But hey, I've learned something new I agree with you that it is better for her to have a chance to respond now than her appealing and prolonging the procedure later. CJane, thanks for responding !!

My dissolution of marriage hearing is next wednesday, so I like to be prepared and know what I can expect. I seriously doubt that my STBX is going to call in like my boyfriends' STBX did today - he lives in California. Do you know what is going to happen if he doesn't "attend" the hearing by phone or in person ? He hasn't responded at all and is in default as well.

I *think* (I'm not an attorney, just thinking out loud more than anything else, so I could very well be wrong) that lower (i.e. not appellate-level) judges absolutely loathe the thought of one of their cases getting appealed, when the grounds for appeal could have been minimized or removed by simply allowing one or both sides to speak. And assistant judges don't want to reverse their boss, either, without a good ironclad reason.

 

[BlissfulMommy]

I *think* (I'm not an attorney, just thinking out loud more than anything else, so I could very well be wrong) that lower (i.e. not appellate-level) judges absolutely loathe the thought of one of their cases getting appealed, when the grounds for appeal could have been minimized or removed by simply allowing one or both sides to speak. And assistant judges don't want to reverse their boss, either, without a good ironclad reason.

Golfball, I see what you are saying. In my case, my STBX has been served with all the paperwork, he was mailed the default and court date for the final hearing regarding the dissolution of marriage by the court. I think that he got every chance possible to respond and he chose not to. If he doesn't at least call in on wednesday, he should not get any more chances to respond, period. Everything that he might submit after the hearing, including an appeal, should be automatically thrown out because he had all the time in the world to do so - I filed for divorce on February 4th 2007, mailed him the paperwork the same day, waited 4 weeks because he promised that he would sign the papers and send them back to me but never did, so I chose to have him served on March 12th 2007, he had 20 more days to respond but didn't do so, then the default was entered and he had even more time after that, until the final hearing on May 30th 2007 (next wednesday) - still no response from him. He was always a procrastinator. How much more time should he get ??? That's just my thinking. I hope that the court, according to Florida laws, will grant me my dissolution of marriage because of his ignorance and because my marriage is irretrievably broken.

There is no property to divide and we don't have children together (Thank God !!). The ONLY reason why he refuses to sign the papers is that I had a DVRO against him and it's still on his personal record, even though it has expired last year in October. He wants me to "take it off his record" but I am not able to - I talked to a lawyer friend of mine and she said I couldn't help him with that - and the court told me the same. That was the "deal" I had with him in regards to our divorce. I have done everything in my power to help him with that. Even if he calls in to the Magistrate's chambers on wednesday for the hearing, I don't think he has a leg to stand on.

 

[Ohiogal]

Golfball, I see what you are saying. In my case, my STBX has been served with all the paperwork, he was mailed the default and court date for the final hearing regarding the dissolution of marriage by the court. I think that he got every chance possible to respond and he chose not to. If he doesn't at least call in on wednesday, he should not get any more chances to respond, period. Everything that he might submit after the hearing, including an appeal, should be automatically thrown out because he had all the time in the world to do so - I filed for divorce on February 4th 2007, mailed him the paperwork the same day, waited 4 weeks because he promised that he would sign the papers and send them back to me but never did, so I chose to have him served on March 12th 2007, he had 20 more days to respond but didn't do so, then the default was entered and he had even more time after that, until the final hearing on May 30th 2007 (next wednesday) - still no response from him. He was always a procrastinator. How much more time should he get ??? That's just my thinking. I hope that the court, according to Florida laws, will grant me my dissolution of marriage because of his ignorance and because my marriage is irretrievably broken.

There is no property to divide and we don't have children together (Thank God !!). The ONLY reason why he refuses to sign the papers is that I had a DVRO against him and it's still on his personal record, even though it has expired last year in October. He wants me to "take it off his record" but I am not able to - I talked to a lawyer friend of mine and she said I couldn't help him with that - and the court told me the same. That was the "deal" I had with him in regards to our divorce. I have done everything in my power to help him with that. Even if he calls in to the Magistrate's chambers on wednesday for the hearing, I don't think he has a leg to stand on.

You may not have served him properly.

 

[BlissfulMommy]

You may not have served him properly.

The court would not have entered the default if he wasn't properly served - through a private process serving company in California where my STBX lives. I talked to my "case worker" at the court and he said that all the paperwork is complete.

 

[Ohiogal]

That is not what I mean. What I mean is that you may have had to serve him within 3 days after filing. And you did not. You waited over a month. So he was served but maybe not within the proper amount of time. And there are other reasons why courts would give him more time. If he calls in and asks for it they will give him more time. He could present a case that day or ask for more time to get a case together. He could appeal the judgment on various ideas.

 

[BlissfulMommy]

That is not what I mean. What I mean is that you may have had to serve him within 3 days after filing. And you did not. You waited over a month. So he was served but maybe not within the proper amount of time. And there are other reasons why courts would give him more time. If he calls in and asks for it they will give him more time. He could present a case that day or ask for more time to get a case together. He could appeal the judgment on various ideas.

Ohiogal, thanks for responding ! I received a letter from the court about a month after I filed for the dissolution of marriage stating that they hadn't received the proof of service yet and that I needed to have my STBX served. I called the court and they said that I was ok with the timeline after I explained to my case worker that I had sent the paperwork to my STBX and he said that I needed to get in contact with a private process service company. We were originally going to go a different route, by him signing the papers (answer and waiver) and the case being solved that way. I contacted the same company that my boyfriend used to have his STBX served and they tried serve him the next day - they were not successful until about 10 days later. I really don't see how he could present a "case" to the court and get more time - there are no assets to divide, no children, NOTHING. I'm sure that the magistrate also knows that I can't do anything about his DVRO that is still on his personal record - I can't do anything to have it removed (not that I want to anyways - but that is in a different thread in Domestic Violence which I posted a while ago).