24 Jun How to Overturn a Default Judgment in a Florida Family Law Matter
Facing a default judgment in a Miami divorce or paternity case? You’re not alone. Florida law offers a pathway to challenge that judgment—especially when valid excuses, such as excusable neglect or lack of notice, apply. Under Florida Family Law Rule of Procedure 12.540, you may be able to set aside the default and protect your rights.
What Is a Default Judgment in Florida Family Court?
A default judgment occurs when one party in a family law case fails to respond to a legal petition—usually for divorce, paternity, or custody—within the timeframe required by law. When this happens, the court may issue a judgment without hearing that party’s side.
Legal Basis to Set Aside a Default Judgment: Fla. Fam. L. R. P. 12.540
Rule 12.540 mirrors Florida Rule of Civil Procedure 1.540 and allows parties to request relief from a final judgment based on several grounds:
- Excusable neglect, mistake, inadvertence, or surprise
- Newly discovered evidence that couldn’t have been found in time for a rehearing
- Fraud, misrepresentation, or misconduct by the opposing party
- Void judgment due to lack of jurisdiction or improper service
- Equity grounds: The judgment has been satisfied, discharged, or is no longer equitable
Time Limits: Act Quickly
Under Rule 12.540(b), if you’re basing your motion on mistake, surprise, or excusable neglect, you must file within one year of the judgment. Courts expect prompt action once you become aware of the default, so don’t delay.
What Needs to Be Included in Your Motion
Courts require your motion to be detailed. It should include:
- A timeline of events explaining why you missed your response deadline
- Proof of excusable neglect or another valid basis under Rule 12.540
- A proposed Answer or Counterpetition showing your defenses or claims
Independent Actions and Relief Beyond One Year
Even if more than one year has passed, Rule 12.540 does not limit the court’s authority to address fraud on the court or other serious due process violations through an independent action. This option is limited to exceptional circumstances.
COVID-19 Delays and Excusable Neglect
For instance, during the early stages of the COVID-19 pandemic, many individuals struggled to comply with court deadlines due to illness, lockdowns, and economic hardship. Florida courts considered these facts when evaluating excusable neglect, though courts are now less lenient as the pandemic emergency has ended. You would, similarly, have to demonstrate to the Court that the neglect should be excused.
What Happens If the Motion Is Granted?
If the court grants your motion to set aside the default, the case reopens. Both parties must then proceed as though the default never occurred. This includes mandatory disclosure under Rule 12.285, potential mediation, and ultimately a hearing or trial on the merits.
Miami-Specific Considerations
In Miami-Dade County, local administrative orders may affect scheduling and hearing formats. If your case is in the Family Division of the 11th Judicial Circuit, it’s wise to consult with a Miami divorce lawyer familiar with both local and statewide rules to expedite your motion and avoid further delays.
Need Legal Help? Don’t Risk Going It Alone
Florida family courts hold self-represented parties to the same standards as attorneys. Mistakes in your motion can cost you your rights. An experienced family law attorney in Miami can help you file a compelling motion, ensure compliance with deadlines, and argue your case effectively in court.
Frequently Asked Questions
Can I challenge a default if I never received notice?
Yes. If you were never properly served under Fla. Stat. § 48.031, the judgment may be void. You can file a motion based on lack of jurisdiction.
What if more than one year has passed?
Relief may still be available under the court’s equitable powers or through an independent action for fraud on the court. These options are rare and fact-specific.
Can I still file if the judgment involved custody or child support?
Yes. A default judgment that affects timesharing or support rights may be challenged, especially if it’s contrary to the child’s best interests or based on fraudulent evidence.