In Florida, once you are served with a divorce Petition and Summons, you generally have 20 days to file a written response with the court. If you let that deadline pass, your spouse can move for a default, and the case can proceed toward a final judgment without your active participation.
Quick Answer: You have 20 days from the date you are served to file a response in a Florida divorce case. If you miss it, your spouse can ask the clerk to enter a default under Florida Family Law Rule of Procedure 12.500, letting the case move forward without you. A default does not necessarily mean your spouse automatically gets everything requested, especially where minor children are involved, but it does mean you lose your seat at the table unless you act to respond late or move to set the default aside.
Short Answer: You Have 20 Days, and Missing It Has Real Consequences
Every Florida divorce that is not a joint simplified dissolution starts the same way: one spouse, the Petitioner, files and the other, the Respondent, is formally served with the Petition and a Summons. The Summons tells the Respondent how much time they have to file a written response, generally 20 days from the date of service. Ignoring that deadline does not make the case go away. It just means the case can move forward without your input.
The 20-Day Deadline to Respond
The response window in a Florida family law case comes from the Florida Family Law Rules of Procedure, specifically Rule 12.140 (Defenses), which sets a 20-day period for a respondent to serve a written response after being served with the petition. That 20-day period runs from the date you are personally served, not from when the petition was filed, not from when a friend or relative told you about it, and not from when you happened to see it. If the 20th day lands on a Saturday, Sunday, or legal holiday, the deadline generally moves to the next business day.
The form of service matters, too. Florida requires formal, documented service of the Petition and Summons, exactly so there is a clear, provable date the clock started running. See our guides on how to serve divorce papers in Florida and Florida Form 12.910(a): Summons for how that process works from the other side.
Florida Courts Family Law Rules and Opinions
What Counts as a Response
A response generally means filing a written Answer, using Florida Family Law Rules of Procedure Form 12.903, with the clerk of the circuit court in the county where the case was filed, within the 20-day window. Your Answer states your position on what your spouse's petition asked for, and it can include a counterpetition if you are asking the court for something different or additional.
Filing something is what stops the clock on a potential default. A phone call to your spouse, a text message, or an informal letter to the court does not count as a legal response. See our guide to Florida's Answer to a Divorce Petition (Form 12.903) for what the form covers.
What Happens If You Miss the Deadline
Missing the 20-day deadline does not automatically end your case or finalize your divorce. What it does is open the door for your spouse to request a default. Once 20 days have passed with no response on file, the petitioner can file a motion asking the clerk of court to enter a default against you. If that happens, the case is generally free to move forward toward a final judgment without your active participation, meaning you no longer get to contest the terms your spouse requested in the petition through the ordinary back-and-forth process.
How a Default Gets Entered
Florida Family Law Rule of Procedure 12.500 (Defaults and Final Judgments Thereon) governs this process. In general terms, once the response window has passed without a filing, the petitioner can move for entry of a default. This is a procedural step, not the final judgment itself, but it changes the posture of the case significantly: the respondent is treated as having failed to contest the claims in the petition.
What a Default Final Judgment Can Include
A default generally means the factual allegations in the petition are treated as unopposed, and the court can move toward granting the dissolution and the other relief the petitioner asked for, such as how property and debts should be divided or a name change. That said, a default is not automatically a rubber stamp on every request:
- Florida judges retain an independent obligation to review anything involving minor children, such as a parenting plan, time-sharing, or child support, under the best-interest-of-the-child standard, rather than simply granting whatever the petition requested.
- Courts typically still hold some form of final hearing before entering a default final judgment, even in an uncontested or defaulted case.
- If you have minor children together, the mandatory Parent Education and Family Stabilization Course requirement does not disappear just because a default was entered; it generally still has to be satisfied before a final judgment can be entered. See our guide to Florida's Parenting Course Requirement.
The exact scope of what a judge will and will not grant in a specific default case depends heavily on the facts of that case, so treat this as general background rather than a prediction of any particular outcome.
Can You Still Respond After 20 Days?
It depends on timing. If your spouse has not yet moved for, and the clerk has not yet entered, a default, some circuits may still accept a response filed after the 20-day window, though this is not guaranteed everywhere and can depend on your specific clerk and judge. Once a default has actually been entered, simply filing a late Answer generally is not enough on its own; you typically need to take the additional step of asking the court to set the default aside.
Either way, the practical advice is the same: respond as soon as you realize you are behind, rather than waiting to see what happens.
Setting Aside a Default
Florida Family Law Rule of Procedure 12.540 (Relief from Judgment, Decrees, or Orders) provides the general mechanism for asking a court to set aside a default, or a final judgment entered after a default, once it has already been entered. These motions tend to be time-sensitive, meaning waiting too long after you learn about a default can work against you, and fact-specific, meaning the outcome depends heavily on the reason you missed the deadline and the specifics of your case.
Setting aside a default is a legal proceeding with real deadlines and evidentiary requirements, not a form you fill out casually. If you have already been defaulted, or a default judgment has already been entered against you, this is a situation where speaking with a licensed Florida attorney promptly is worth doing before you file anything on your own.
Common Mistakes to Avoid
- Assuming a "friendly" or expected divorce means you don't need to file a formal response
- Ignoring service because you disagree with something in the petition, instead of responding to contest it
- Waiting past 20 days assuming you'll get a reminder or extra notice before a default is entered
- Not keeping your mailing address current with the court, so you miss notice of a default motion or hearing
- Waiting too long after learning about a default before seeking to set it aside
Frequently Asked Questions
What happens if I don't respond to divorce papers in Florida?
If you are served with a Florida divorce Petition and Summons and do not file a written response within 20 days, your spouse can ask the clerk of court to enter a default against you. Once a default is entered, the case can generally proceed toward a final judgment without your active participation, meaning you lose the chance to contest what is being asked for in the petition.
How many days do I have to respond to a Florida divorce petition?
Generally 20 days from the date you are personally served with the Petition and Summons, under the Florida Family Law Rules of Procedure. The clock runs from the date of service, not the date the petition was filed or the date you first heard about it some other way. If the 20th day falls on a weekend or legal holiday, the deadline typically moves to the next business day.
What is a default in a Florida divorce case?
A default is a procedural step under Florida Family Law Rule of Procedure 12.500 that a petitioner can request once a respondent has failed to file a required response within the time allowed. It does not automatically finalize the divorce, but it does allow the case to move forward without further participation from the defaulted spouse, and it can lead to a default final judgment.
Can my spouse get everything they asked for if I default?
Not automatically. A default generally means the allegations in the petition are treated as unopposed, and the court can grant the relief requested. But Florida judges still review anything involving minor children, such as time-sharing and child support, under the best-interest-of-the-child standard rather than simply granting whatever was requested, and courts typically still hold some form of final hearing before entering judgment, even in default cases.
Can I still respond after the 20-day deadline has passed?
It depends on whether a default has already been entered. Before your spouse moves for and the clerk enters a default, some circuits may still accept a late response, though this is not guaranteed and depends on your specific circuit and judge. Once a default has been entered, you generally need to file a formal motion asking the court to set it aside rather than simply filing a late response. Either way, respond as soon as possible rather than waiting.
How do I ask the court to set aside a default divorce judgment in Florida?
Florida Family Law Rule of Procedure 12.540 (Relief from Judgment, Decrees, or Orders) provides the general mechanism for asking a court to set aside a default or a default judgment. These motions are time-sensitive and fact-specific, and the outcome depends heavily on your particular circumstances, so this is a situation where speaking with a licensed Florida attorney is worth doing before you file anything.
Does a default work the same way if we have minor children?
The 20-day deadline and default process are the same regardless of whether you have children. But Florida law still requires both parents to complete the Parent Education and Family Stabilization Course before a final judgment in a case involving minor children, and a defaulted parent does not get automatically excused from that requirement. A default does not remove the court's independent obligation to review parenting and support terms in the child's best interest.
How Virdix Helps
Virdix prepares the Florida Family Law Rules of Procedure Answer and related forms from your answers to a guided questionnaire, so you can file a complete, court-ready response before your 20-day window runs out. Virdix is a document preparation service, not a law firm, and does not provide legal advice, including on default relief or set-aside motions.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Deadlines, rules, and procedures can change and can vary by circuit; always confirm current requirements with the Florida Courts or your circuit court clerk. For advice about a missed deadline or an entered default, consult a licensed Florida attorney promptly.
Sources: Florida Courts (flcourts.gov), Florida Family Law Rules of Procedure Rules 12.140, 12.500, and 12.540