What Happens if You Fail To Respond to Divorce Papers in Florida?

Receiving divorce papers can create stress, confusion, or denial. You might feel tempted to ignore them and hope the situation resolves on its own. However, not responding can damage your case in a divorce under Florida law. If you miss key deadlines, you could lose your right to share your side, and your spouse might end up with most or all of what they want.

Below is a quick guide on what to expect if you ignore divorce papers, why it’s risky, and what you can still do if you realize you’ve missed the deadline.

Summons and Petition: The Start of a Florida Divorce

A divorce typically begins when your spouse (the “petitioner”) files a Petition for Dissolution of Marriage in a Florida court. After filing, they must serve you with:

• A summons, explaining your deadline to respond
• A copy of the petition, detailing what your spouse wants (like child custody, property division, or alimony)

Usually, you have 20 days from the date you’re served to respond. This means you must file legal paperwork—called an answer—if you want to contest anything or give your side of the story. If you do nothing, your spouse can request a default from the court.

The Consequence of Doing Nothing: Default Judgment

Failing to answer the divorce papers in time allows your spouse to ask the court for a default judgment. This means:

• You lose your right to argue your side in the divorce.
• The court may grant your spouse’s requests regarding things like property division, alimony, child support, and child custody.
• You won’t get a chance to negotiate or discuss possible compromises.

A default can be granted if the judge sees you ignored the summons. Once the court enters a default, the divorce might finalize quickly on terms that heavily favor your spouse.

Why People Sometimes Fail To Respond

People ignore divorce papers for various reasons:

• Denial: The emotional shock of divorce can make someone want to pretend it isn’t happening.
• Busy or distracted: One might have a busy life, and the documents don’t seem urgent at first glance.
• Not understanding: Some believe ignoring the papers stops the divorce, but that’s not true under Florida law.
• Lack of funds: One may worry you can’t afford a lawyer, so they do nothing instead.

Even if these reasons are understandable, Florida courts won’t see them as valid excuses for missing a legal deadline. The risk is huge: a default could rob you of meaningful input on major life issues.

What if You Miss the Deadline?

Realizing you’re past the 20-day deadline can be stressful, but you may have some options:

• File a motion to set aside default: If your spouse already got a default, you can ask the court to cancel it. You’ll need to show a strong reason (like not being properly served) plus evidence you have legitimate defenses or issues to raise.
• Act quickly: Delaying only hurts your case more. A court is more likely to reverse a default if you file the motion right away.
• Consult a lawyer: A lawyer can draft the motion and explain why you deserve to defend yourself. Without legal help, it’s tough to persuade a judge to reverse a default.

Keep in mind that reversing a default can be much harder than filing a timely answer in the first place.

Possible Outcomes After a Default

If the court refuses to overturn a default, your spouse may get the final divorce decree they requested. For example:

• They could receive a large share of marital property or a more favorable division of assets.
• They might get primary custody of children, along with child support orders reflecting only their perspective.
• They could secure alimony or spousal support levels that you never had the chance to negotiate.

These outcomes can significantly affect your finances, living arrangements, and future. That’s why ignoring divorce papers is rarely a good idea.

Why Responding Matters

Responding to the summons within the 20 days allows you to protect your rights. Even if you don’t fully disagree with your spouse, filing an answer keeps your seat at the negotiation table. By responding:

• You can contest property division or argue for joint custody if that’s what you want.
• You can raise defenses if your spouse’s claims are unfair or untrue.
• You can push for a more balanced agreement, maybe through mediation or direct settlement talks.

If you don’t answer, you’re essentially letting your spouse decide everything. Sometimes, a divorce can be worked out amicably if both parties remain engaged in the process. But you can’t collaborate if you don’t respond at all.

Tips for Responding to Divorce Papers

Keep the following in mind so that you can protect your interests:

• Stay calm: Emotional reactions can cause rash decisions. Keep a clear head.
• Read everything: Make sure you understand each item your spouse demands in the petition.
• File on time: Mark the 20-day deadline on your calendar. If you truly need an extension, ask the court or your spouse’s attorney promptly.
• Be honest: If you disagree with certain points, say so in your filed answer. Don’t just accept demands out of fear.
• Avoid public conflict: Don’t start battles on social media or text messages—these could be used against you.

By following these tips, you keep yourself in a better position to negotiate or challenge any unfair parts of the divorce.

Contact our Orlando Divorce Law Firm

The stakes are high if you fail to respond to divorce papers in Florida. Not only can you lose the chance to be heard on key issues, but you may also face a default judgment that severely favors your spouse. To avoid that scenario, Contact our experienced Orlando divorce law firm at McMichen, Cinami & Demps so we can guide you through the process.

Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803