Florida Default Divorce — What to Do When Your Spouse Won't Respond (2026)
Your spouse was served. The 20-day response deadline has passed. You can move forward with a default divorce in Florida.
What Is a Florida Default Divorce?
A default occurs when the respondent fails to file a response within 20 days of being served. Once the clerk enters the default, you can proceed to a final hearing and obtain your divorce without your spouse's participation.
Step-by-Step: Florida Default Divorce
Step 1 — File and Serve
File your petition at the Clerk of the Circuit Court. Serve your spouse through the sheriff or process server.
Response deadline: 20 days after personal service.
Step 2 — Wait for the Deadline
After 20 days pass with no response, proceed to Step 3.
Step 3 — File Motion for Default (Form 12.922(b))
File Form 12.922(b) (Motion for Default) with the Clerk. Attach your proof of service.
The Clerk then enters a Default (Form 12.922(a)) on the record.
Step 4 — Complete Your Proposed Final Judgment
Prepare your proposed Final Judgment with the terms you're requesting. Be reasonable — judges review default judgments carefully.
If children are involved: include Parenting Plan, Child Support Worksheet, and your parenting class certificate.
Step 5 — Financial Disclosure
Even in default divorces, you must serve financial disclosure documents on your spouse and file Form 12.932. Your spouse's failure to respond doesn't eliminate this requirement.
Step 6 — Schedule and Attend Default Final Hearing
Contact the court to schedule a hearing. At the hearing, you appear alone and present your case. The judge reviews your proposed terms and signs the Final Judgment if satisfied.
Step 7 — File Signed Judgment
Get certified copies. Done.
Service by Publication (Spouse Can't Be Found)
If you cannot locate your spouse:
- File a motion for service by publication
- Demonstrate a diligent search (document every attempt)
- Court authorizes publication
- Publish notice in a local newspaper of general circulation for 4 weeks
- Cost: $150–$300 in newspaper fees
- Wait 30 days after final publication for response
Timeline and Cost
| Stage | Time |
|---|---|
| Filing | Day 1 |
| Service | Day 1–14 |
| Response deadline | Day 21 |
| Enter default | Day 22+ |
| Financial disclosure | Within 45 days of service |
| Final hearing | 2–6 weeks after default entered |
| Total typical time | 2–4 months |
| Expense | Cost |
|---|---|
| Filing fee | $395–$410 |
| Sheriff/process server | $40–$125 |
| Service by publication (if needed) | $150–$300 |
| Certified copies | $15–$30 |
| Total | $450–$865 |
FAQ
Can my spouse challenge the default after it's entered? Yes — Florida courts can set aside a default for good cause shown, including excusable neglect or lack of proper service. Within 30 days is easier; after 30 days requires more showing.
What if my spouse shows up at the final hearing after defaulting? If they appear before the judge signs the Final Judgment, the court may allow them to participate. If the Judgment is already signed, they'd need to file a motion to set it aside.
Last reviewed: March 2026
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.