How To Respond to a Divorce Petition in Florida
When one spouse wants a divorce, they typically begin the divorce process by filing a divorce petition with the court. Once they file the petition, they must also serve the other spouse, who is responsible for submitting an answer to that petition. As the respondent, providing an answer is your chance to explain your side of the story and ask for legal relief. It also serves as an acknowledgment of receiving the petition and awareness of the divorce proceedings.
In Florida, you have 20 days from the date you are served to file a response. If you fail to respond within this timeframe, the court may proceed with a default judgment, meaning the divorce terms could be decided without your input. To protect your rights and ensure a fair outcome, it’s crucial to understand the process and respond appropriately.
Step 1: Read the Divorce Petition Carefully
The first step after being served is to read through the divorce papers thoroughly. This enables you to understand the court in which the divorce petition was filed, the grounds for divorce, and the requests made about property division, child support, and timesharing. Take note of anything that you might want to contest. Also, if you don’t understand parts of the petition, it is best to consult a divorce lawyer to clarify the terms and explain your rights.
Step 2: Know the Deadline To Respond
In Florida, the law gives you 20 days to file your response. Missing this deadline can result in the court granting your spouse’s requests without your input.
Step 3: Decide How To Respond
You can respond to a divorce petition in various ways depending on your position. These include the following:
- Answer Only: If you don’t dispute any of the requests in the petition but still want to be involved, you can file an answer confirming you’ve received the petition and stating whether you agree or disagree with each point.
- Answer and Counterpetition: If you want to request different terms, such as a different division of assets or a different child custody arrangement, you can file a counter-petition outlining your requests.
- Answer, Waiver, and Request for Final Judgment: If you agree with everything in the petition and don’t want to be involved in further proceedings, you can file this response.
Step 4: Complete and File the Necessary Forms
You must complete and submit the required court forms to officially respond. This may include an answer form, a counterpetition form, or financial disclosure forms if financial issues are involved. You must file the forms with the same court where the divorce petition was filed.
Step 5: Pay the Filing Fees and Serve Your Spouse With the Response
Filing a response may require paying a court fee. If you cannot afford the fee, you can request a waiver. Once you have filed your response, you must also serve a copy to your spouse or their attorney.
What Happens Next?
Once you file your response and have served your spouse, the case may proceed in two ways:
- Uncontested divorce: If you and your spouse agree on all terms, either party can request a final hearing and finalize the divorce
- Contested divorce: If there are disagreements on certain issues, the case may proceed to mediation or a court trial where a judge decides on the terms.
Contact an Orlando Divorce Lawyer Today
If you’ve been served with divorce papers, contact our Orlando divorce lawyer at the Arwani Law Firm today for guidance on responding to the petition.
Source:
fljud13.org/portals/0/forms/pdfs/family/packet22.pdf
