What Happens If You Don’t Respond to Divorce Papers in Florida?

Posted on: May 29, 2025
divorce papers florida

What happens if you don’t respond to divorce papers in Florida? You lose your voice. It’s like skipping your turn in a game. But this isn’t a game. This is your future. When the court gets no answer, it moves forward without you. And what comes next can hit hard. The judge may approve everything your spouse asked for. Custody. Property. Money. Even if it feels unfair. Even if it’s not true. This is called a default judgment. And once it’s entered, changing it can be tough.

The Clock Starts Right Away

In Florida, you get twenty calendar days to respond after being served. Not business days. Calendar days. That includes weekends and holidays. If the papers were handed to you on the fifth, the countdown starts the same day. The response is called an “answer.” You can also file a “counterpetition” to share what you want. If you miss the deadline, your spouse can file a motion for default. Once that’s granted, the case keeps moving. But now you’re locked out. The judge can make decisions without hearing your side.

What a Default Judgment Means

Imagine someone drawing a line down the middle of everything you shared. Home. Kids. Debt. Then taking their side and leaving you with whatever’s left. That’s what a default can feel like. You could end up with less time with your kids. You could lose property you helped pay for. You might be ordered to pay support with no input on what’s fair. The judge is not required to double-check your spouse’s requests. If it looks legal and reasonable on paper, it can be approved. That is the risk of staying silent.

There Are Rare Ways to Undo It

In some cases, you can ask the court to undo the default. That’s called setting it aside. But it’s not simple. You must act fast. And you need a good reason. Maybe you were never properly served. Maybe there was a mistake or emergency. But even then, the court won’t guarantee a do-over. Waiting too long or giving weak reasons won’t work. The longer you wait, the harder it gets.

This Is About More Than Paperwork

Some don’t respond because they feel overwhelmed. Hurt. Confused. That makes sense. Divorce can crush your heart and shake your world. But silence doesn’t make it go away. Ignoring divorce papers is like ignoring a fire alarm. The problem doesn’t stop just because you don’t answer. It gets worse. Fast. The courts won’t wait. And the person who acts first usually has more control over how things turn out.

Protect What Matters Most

There’s too much at stake to sit back. Whether it’s your time with your kids. Your share of what you’ve built. Or your right to be heard. The system only works if you speak up. Filing a response tells the court you care. That your voice matters. That you want a fair say. It doesn’t have to be perfect. But it has to be on time.

If divorce papers just hit your hands or you missed the deadline, don’t wait another day. Help is here. At Kevyn Noonan Hayes, P.A., we fight for people who want to protect what matters. Call 239-591-6248 to get answers right now or set up a time to talk. Time is not on your side. But we are.

Posted by: Kevyn Noonan Hayes, P.A.