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If there is still no legally recognized claim under which the court can grant relief, then the motion to dismiss will be granted. If a motion to dismiss is granted, the court may dismiss the case without prejudice. This gives the other party the opportunity to correct the errors or mistakes and refile the case.
A motion to abate may pause the proceedings for up to 90 days, so this only provides a temporary pause.
Essentially, a default divorce means you can be granted the request in your divorce petition without the defendant being involved. The court of jurisdiction will proceed with the divorce process, and the defaulted party will have forfeited any right to future notice of legal proceedings in the case.
Florida Family Law Rule of Procedure 12.105 sets out the special requirements to use this procedure. First, the parties cannot have any minor or dependent children and the wife must not be pregnant. Second, the parties must agree on the division of all of their assets and debts.
Filing a Motion to Abate can allow you to put your divorce case on hold and take time to think about whether or not you want a divorce. Usually, the hold lasts for 60 to 90 days. However, it can be extended longer.
Once the judge signs the final judgment of dissolution of marriage, the parties are divorced. Either party may file an appeal of the contested final judgment if they are not satisfied with it. The notice of appeal must be filed within thirty days of the final judgment or rehearing.
The length of time it takes to get a divorce in Florida depends on the type of divorce. A simplified divorce may take 30 days. An uncontested divorce may range from 4 to 6 weeks. A contested divorce may take up to six months, a year, maybe several years depending on the disputes within the marriage.
In Florida, it is possible for divorcing couples to put their divorce on hold or ?pause.? When one or both parties decide that they are not quite ready to permanently end their marriage, the law permits them to do so by filing a Motion to Abate. This typically puts a divorce proceeding on hold between 60 and 90 days.