What happens if my ex does not show up for divorce hearing?

02/01/2007 - Divorce - State: FL #906

Full Question:

If I have filed for a divorce, and the other party didn’t go to the deposition, because we have property, bills that need to be divided. Can the judge grant my divorce and split the property and bills?

Answer:

Rule 1.380 of the Florida Rules of Civil Procedure (FRCP) provides in part as follows:
If a party fails to appear before the officer who is to take the deposition after being served with a proper notice, the court in which the action is pending may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule. Instead of any order or in addition to it, the court shall require the party failing to act to pay the reasonable expenses caused by the failure which may include attorneys' fees, unless the court finds that the failure was justified or that other circumstances make an award of expenses unjust. The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by rule 1.280(c).

Rule 1.380 (b)(2) provides:
If a party fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule or rule 1.360, the court in which the action is pending may make any of the following orders:

(A) An order that the matters regarding which the questions were asked or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order.
(B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence.
(C) An order striking out pleadings or parts of them or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part of it, or rendering a judgment by default against the disobedient party.



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02/01/2007 - Category: Divorce - State: FL #906

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