Full question:
If I have filed for a divorce, and the other party didn’t go to the deposition, because we have property, bills that need to be divided. Can the judge grant my divorce and split the property and bills?
- Category: Divorce
- Date:
- State: Florida
Answer:
According to Rule 1.380 of the Florida Rules of Civil Procedure (FRCP), if a party fails to attend a deposition after proper notice, the court may take various actions. This includes requiring the non-compliant party to pay reasonable expenses caused by their absence, which can include attorney's fees, unless the court finds the absence was justified.
If a party disobeys an order for discovery, the court can issue several orders, such as:
- Establishing the facts in favor of the party that sought the order.
- Preventing the non-compliant party from supporting or opposing claims or introducing certain evidence.
- Striking pleadings, staying proceedings until compliance, dismissing the action, or entering a default judgment against the non-compliant party.
In your case, the judge can still grant your divorce and divide property and bills, even if the other party did not attend the deposition. However, the specifics will depend on the circumstances and actions taken regarding the missed deposition.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.