Uncontested Divorce Final Hearing

by Anonymous from Florida

Does the Respondent need to attend the final hearing in a uncontested divorce case in Florida?

Answer to Florida Divorce Question

Dear Anonymous,

Well, that depends on the type of case.

If the case is a "Simplified Divorce" then you and your spouse must appear together or the case will be thrown out.

A Simplified Divorce in Florida is designed to be the quickest and easiest divorce method as it means there is nothing contested between spouses and there are no children involved in the marital dissolution.

If you have an uncontested divorce that was not filed as a Simplified Divorce case, in other words a regular dissolution of marriage, then the Respondent does not necessarily need to attend the final hearing. Florida courts only require the actual Petitioner to attend the final divorce hearing.

In some cases, the Respondent may only have a representative (often an attorney) present in case something is discussed that he or she needs to be aware took place. Generally in an uncontested divorce, this final divorce hearing is relatively fast, as the marital settlement agreement and any associated paperwork contains the full agreement between the spouses.

Keep in mind that the judge will only consider the testimony that he or she hears in court. So it is in both parties best interests to attend the final divorce hearing as the court may have questions regarding the uncontested divorce paperwork previously filed.

Finally, if your divorce is uncontested by default (your spouse did not respond with an Answer to the original Petition), then you will need to file the Motion for Default and the Order for Default forms. If the respondent did not respond to the initial filing then I would assume he or she will not be present at court for the final hearing.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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