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

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?
01/31/2007   |   Category: Divorce   |   State: Florida   |   #906

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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