How do I get divorce by default in Florida?
If you file for your divorce and you serve your spouse with a copy of that petition and your spouse does not file an answer within the 20 days in which a response is required, then you can ask for a default from the clerk. What that means is that if your spouse does not respond in anyway, then your divorce would just be automatically granted with the things that you are asking for in the divorce. Now, of course, if there are children involved, there is going to be more information the court will need. You do not automatically receive sole custody because you have a default. The court would determine the best interest of the child to decide that. However, if a spouse is non-responsive, more than likely you will receive sole custody, otherwise know as sole parental responsibility. Otherwise, you would basically get what you are asking for in the divorce as far as assets and debts. All Family Law Group, P.A.