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Divorce, Default Judgment

Posted by John P. Rutkowski | Nov 02, 2019 | 0 Comments

Wife's motion for relief from default judgment was insufficient where motion made only conclusory assertion that she had meritorious positions regarding time-sharing and equitable distribution. Under Florida law, where divorcing couple has minor child, court cannot enter default final judgment without allowing defaulting parent an opportunity to present evidence on issues related to child. New final hearing required on issues concerning parenting and child support. The court may, in its discretion, revisit any aspect of dissolution judgment, including distribution of assets, if it determines that best interests of child require such action.

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.