Defaults and uncontested hearings
| Author | Annette J. Szorosy/Stephanie Matalon |
| Profession | General Magistrate/General Magistrate |
| Pages | 645-674 |
DEFAULTS,
UNCONTESTED HEARING
11-1
CHAPTER 11
Defaults and
Uncontested Hearing
QUICK VIEW
It is the public policy of the state of Florida to promote amicable settlement of disputes that arise between
parties in family cases. In effect, parties have been urged to make their own law, in the hope that they can
better live with a decision that is their own, rather than a decision that is externally imposed. The majority of
family cases in Florida are amicably resolved. When parties have reached agreement or one party seeks
to proceed by default, the action proceeds to final judgment in accordance with the default or uncontested
hearing procedures described in this chapter.
TABLE OF CONTENTS
I. BASIC POINTS
A. Default
§11:01 Definition
§11:02 Prerequisites for Default
§11:03 Waiting Period After Personal Service
§11:04 Waiting Period After Constructive Service
B. Uncontested Proceeding
§11:10 Definition
§11:11 Prerequisites for Uncontested Proceeding
§11:12 Financial Disclosure Not Excused
§11:13 Matters to Be Heard at Uncontested Final Hearing
§11:14 Effect of Executed Separation Agreement
§11:15 Simplified Dissolution Distinguished
§11:16 Mandatory Filing of UCCJEA Affidavit if There Are Minor Children
§11:17 Relocation by Agreement—Requirements and Concerns
§11:18 Parenting Plan Recommendation by a Psychologist
II. JURISDICTION AND VENUE ISSUES
A. General Points
§11:20 Subject-Matter Jurisdiction Burden of Proof
§11:21 Default Relief Limited to Request in Petition
§11:22 Personal or In Rem Jurisdiction Is Prerequisite to Relief
§11:23 Addressing Parental Responsibility Does Not Require Personal Jurisdiction
§11:24 Venue Concerns
DEFAULTS,
UNCONTESTED HEARING
Florida Family Law and Practice 11-2
§11:25 Forum Non Conveniens
§11:26 Application of Foreign Law and Enforcement of a
Judgment or Order of a Court of a Foreign Country
B. Support Awards
§11:30 Personal Jurisdiction Required for Support Awards
§11:31 Interstate Child Support Actions
§11:32 Petition for Dissolution Must Set Forth Allegations for Long-Arm Jurisdiction
§11:33 Relocation by Agreement—Requirements and Concerns
C. Property Awards
§11:40 In Rem Jurisdiction Required for Property Awards
§11:41 Diligent Search Preceding Constructive Service
§11:42 Adequacy of Published Notice
D. Parenting Plan and Time-Sharing Schedule Awards
§11:43 In General
§11:44 Defense Permitted
III. ENTERING DEFAULT AND SETTING CASE FOR HEARING
A. Default by Clerk
§11:50 Request to Enter Default
§11:51 Self-Represented Respondent’s Paper in Court File
§11:52 Military Respondent
§11:53 Petitioner Knows Respondent Intends to File
§11:54 Set Case for Final Hearing After Clerk’s Default
B. Default by Court
§11:60 Any Paper Filed by Respondent
§11:61 Attorney Notice of Appearance
§11:62 Self-Represented Respondent’s Appearance at Hearing on Default
§11:63 Order for Entry of Default
§11:64 Setting Aside Default
IV. DEFAULT OR UNCONTESTED FINAL HEARING
§11:70 Service on Defaulted Parties
§11:71 Notice of Hearing or Order Setting Final Hearing
§11:72 Mandatory Financial Disclosure to Be Completed
§11:73 File Certificates of Completion of Parenting Course
§11:74 Evidence of Income for Support Award
§11:75 Set Motion for Withdrawal at Same Time as Hearing
§11:76 Bifurcation of Uncontested Dissolution
§11:77 No Children at Final Hearing
§11:78 Impact of Duty of Candor
§11:79 Use of Electronic Devices
V. OBTAINING DEFAULT OR UNCONTESTED DISSOLUTION FINAL JUDGMENT
A. Necessary Documents
§11:90 Pleadings
§11:91 Proof of Residence
§11:92 Copies of Final Judgment
§11:93 Income Deduction Orders
§11:94 Final Disposition Form
B. Conduct of Hearing
§11:100 Petitioner Must Be Present
§11:101 Be Brief in Your Questioning of Petitioner
§11:102 Ask Leading Questions of Petitioner
§11:103 Have Marital Settlement Agreement Incorporated by Reference Into Final Judgment
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