Default Judgments and the Military Divorce Dilemma
Military life is inherently unpredictable. Permanent Change of Station (PCS) orders, field exercises, overseas deployments, and erratic schedules can all interfere with day-to-day legal responsibilities. Unfortunately, when it comes to divorce, this unpredictability can carry devastating consequences. If a military spouse is served with divorce papers and fails to respond in time due to service-related constraints, they may face a default judgment—a court ruling that grants the filing spouse everything they requested without the other party’s input.
For military spouses—particularly those stationed at MacDill Air Force Base or deployed overseas—a default judgment in a Florida divorce case can result in the loss of property, unfair child custody determinations, excessive support obligations, and even exclusion from military benefits like housing allowances or survivor benefits. But Florida and federal law provide powerful legal remedies for service members caught in this situation.
Whether you’re active duty or a military spouse unaware of the divorce filing, it is possible to challenge a default judgment, reopen the case, and assert your rights. A Tampa divorce lawyer with military family law experience can help you reverse the judgment and fight for a fair outcome.
This article outlines the tactical legal options available to military spouses facing default divorce judgments in Florida, with an emphasis on the protections granted by the Servicemembers Civil Relief Act (SCRA), Florida’s civil rules, and family law precedents. If you’re a military spouse and the court has entered judgment against you, or you’re worried it might, read on to learn what steps to take now.
What Is a Default Judgment in Florida Divorce Cases?
A default judgment occurs when one party—usually the respondent or defendant—fails to respond to a legal filing within the court’s prescribed time. In Florida, once a person is properly served with divorce papers, they have 20 calendar days to file an answer or responsive pleading. If they fail to respond in that window, the petitioner can request a clerk’s default or a judicial default.
In divorce cases, this may result in the court entering:
- A final judgment dissolving the marriage
- A parenting plan based solely on the petitioner’s proposal
- A division of marital assets and debts as requested by the petitioner
- Orders for alimony, child support, or attorney’s fees without input from the other spouse
For military spouses, default judgments are particularly dangerous because they may happen without actual knowledge of the proceedings. Deployments, relocations, or mail forwarding issues can all delay or prevent proper notice and response.
A Tampa divorce lawyer can file the appropriate motion to set aside a default judgment if these circumstances exist.
Special Protections for Military Spouses: The Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA), a federal statute codified at 50 U.S.C. § 3901 et seq., was enacted to prevent default judgments and other adverse legal consequences when military service interferes with a service member’s ability to participate in a civil case.
The SCRA provides:
- Protection from default judgments entered without the service member’s participation
- The right to request a stay (postponement) of court proceedings if military duty interferes with the ability to respond
- The ability to reopen a default judgment if the service member was materially affected by service obligations and has a meritorious defense
In a Florida divorce case, the SCRA must be invoked proactively. A Tampa divorce lawyer can assist in filing the appropriate affidavits, commanding officer statements, and court motions to stay proceedings or set aside a judgment that violates the SCRA.
Step One: Determine If the Default Was Properly Entered
Before proceeding, it’s important to assess whether the default was lawfully entered. Key questions include:
- Was the military spouse properly served?
- Did they receive adequate notice of the proceedings?
- Were they on active duty at the time of service?
- Did the petitioner file an affidavit of non-military service, as required?
- Was a military attorney appointed by the court before the default was entered?
If the answer to any of these questions is no, a Tampa divorce lawyer may move to vacate the default on procedural grounds alone.
Florida law requires special handling of divorce cases involving military spouses. If the required affidavits and procedural steps were skipped or the court did not appoint counsel as required under the SCRA, the judgment is vulnerable to challenge.
Step Two: File a Motion to Set Aside the Default Judgment
Once it’s determined that the default was entered improperly—or that military service interfered with the ability to respond—the next step is to file a motion under Rule 1.540(b) of the Florida Rules of Civil Procedure. This rule allows a party to seek relief from a final judgment based on:
- Mistake, inadvertence, surprise, or excusable neglect
- Newly discovered evidence
- Fraud, misrepresentation, or misconduct
- A void judgment
- Any other reason justifying relief
In the context of military service, the most relevant subsections are excusable neglect and “other justifiable reasons.”
To succeed, the moving party must demonstrate:
- They had a valid reason for not responding (e.g., active-duty deployment)
- They acted promptly once they learned of the default
- They have a meritorious defense to the claims made in the petition
A Tampa divorce lawyer will prepare an affidavit detailing the circumstances, attach documentation of military orders, and draft a proposed answer to show the court that reopening the case will not waste judicial resources.
SCRA-Specific Motion to Reopen
Under the SCRA, a military spouse can seek to reopen a default judgment entered during their period of service (or within 60 days afterward) if:
- Their ability to appear or respond was materially affected by military service
- They have a valid legal defense to the action
No rigid time limit applies under the SCRA, although filing sooner is always better. A Tampa divorce lawyer experienced in military litigation will cite both federal and Florida law to support the motion.
Defending Against Unfair Final Judgments
Once the default is lifted, the case is reopened and proceeds like any contested divorce. The previously defaulted spouse now has the opportunity to:
- Submit financial affidavits
- Participate in equitable distribution of marital property
- Propose or challenge parenting plans
- Contest alimony and support requests
- Cross-examine witnesses and present evidence
Many default judgments include one-sided outcomes, such as:
- Granting sole custody to the petitioner
- Awarding all marital assets to one spouse
- Imposing high support obligations without input
A Tampa divorce lawyer can request that all final orders be vacated or modified once the case is reopened. Courts have broad discretion to reset the process in the interest of justice.
What Happens If the Court Denies the Motion to Set Aside the Default?
Not all motions succeed. If the court denies the request to reopen, the military spouse may have options for appeal, depending on:
- Whether the SCRA was properly applied
- Whether due process rights were violated
- Whether the spouse presented a meritorious defense
Appeals must be filed within 30 days of the denial. A Tampa divorce lawyer can evaluate the strength of the record and file a notice of appeal if warranted.
In some cases, a motion for reconsideration or a renewed SCRA request may succeed if new evidence emerges or additional hardship is documented.
Child Custody and Timesharing: Can You Undo Orders Entered by Default?
Yes. Even if a parenting plan was entered without your input, it can be modified under Florida Statute § 61.13, which allows for changes based on substantial, material, and unanticipated changes in circumstances.
If the default judgment awarded primary timesharing to your spouse while you were deployed or unaware of the case, a Tampa divorce lawyer can file a petition to modify the plan and restore your parental rights.
Courts consider the best interests of the child, including:
- The nature of your relationship with the child before and after deployment
- Your willingness to support the other parent’s relationship with the child
- Your stability and future availability
- The impact of continued military service on parenting duties
While the court won’t automatically undo the prior order, it has authority to revise timesharing and parental responsibility once both parents are present and participating.
Equitable Distribution and Hidden Assets
If your spouse obtained a default judgment and failed to disclose assets or misstated financial information, your Tampa divorce lawyer can pursue two strategies:
- Motion to Vacate Based on Fraud: If financial misconduct occurred, such as hiding accounts or undervaluing assets, a motion under Rule 1.540(b) may be filed even outside the typical one-year window, especially if extrinsic fraud is involved.
- Post-Judgment Discovery and Enforcement: If property awarded to your spouse should have been shared, post-judgment discovery can be used to identify assets and request redistribution.
Florida law is clear: property acquired during the marriage is presumed to be marital. Default judgments based on false or incomplete financial affidavits can be overturned to ensure fairness.
Best Practices for Military Spouses Facing Divorce While on Active Duty
Avoiding default judgments starts with proactive legal planning. A Tampa divorce lawyer can help military spouses by:
- Filing a notice of appearance immediately upon receiving papers
- Requesting an SCRA stay if duties interfere with case participation
- Asserting rights through timely filings, even while deployed
- Creating power of attorney documents to allow a spouse or trusted person to act on your behalf
- Monitoring court dockets and filing status from a distance
If divorce is anticipated, and your duty assignment makes it difficult to appear in person, secure legal counsel as early as possible to avoid a scenario where a default is even possible.
Conclusion: Military Service Shouldn’t Cost You Your Rights
Service members sacrifice for their country—they shouldn’t also have to sacrifice their parental rights, property, or financial stability because of a court proceeding they couldn’t attend. The law recognizes this, and with the help of a Tampa divorce lawyer, military spouses can challenge and overturn default divorce judgments entered in their absence.
Whether the issue is service-related unavailability, improper notice, or lack of due process, Florida courts have tools to correct unjust outcomes. If you’ve been served with a judgment you never saw coming, or missed your chance to respond due to active duty, legal relief is possible—but the time to act is now.
FAQ: Default Judgments and Military Divorce in Florida
What is a default judgment in a Florida divorce case?
It’s a ruling entered when one party fails to respond to divorce papers. The court may grant all requested relief to the filing spouse.
Does the SCRA protect me from default judgments during deployment?
Yes. The SCRA allows you to request a stay of proceedings and reopen judgments entered while you were unable to respond.
How long do I have to challenge a default judgment in Florida?
Under Rule 1.540(b), you generally have one year. Under the SCRA, you must act within 90 days of leaving active service or discovering the judgment.
Can I reverse a parenting plan entered by default?
Yes. You can petition to modify the parenting plan based on a change in circumstances or a denial of due process.
What documents do I need to invoke SCRA protection?
You’ll need a statement explaining your military duties, your availability date, and a letter from your commanding officer.
Is a judgment still valid if I was never properly served?
No. If service was improper or fraudulent, the judgment may be void. A Tampa divorce lawyer can move to have it set aside.
What if my spouse lied about my military status to get a default?
That’s fraud. The court can reopen the case and impose sanctions if you prove misrepresentation.
Can I appeal a denial of my motion to vacate?
Yes, but you must act within 30 days. Your lawyer can file a notice of appeal and request a stay of enforcement.
What happens to alimony or property awards made by default?
They can be modified or reversed if the judgment is set aside. Courts aim to divide property equitably once both parties are heard.
Can I be forced to pay child support if I wasn’t in court?
Yes—but if the amount is unfair or based on incorrect income, you can ask the court to recalculate it after the default is lifted.
The McKinney Law Group: Helping Tampa Clients Navigate Divorce with Strength and Strategy
When your personal life changes, your legal strategy matters. At The McKinney Law Group, we work closely with clients in Tampa to ensure every decision made during divorce is informed, strategic, and designed to secure your future.
We provide representation for:
✔ Filing for divorce and understanding your legal position
✔ Protecting your parental rights through parenting plans
✔ Dividing marital assets and debts in line with Florida law
✔ Negotiating spousal and child support
✔ Modifying or enforcing prior divorce agreements
To begin, contact us at 813-428-3400 or email [email protected].