florida how to file a response to divorce without an attorney

How to File for Divorce in Florida Without an Attorney.

• 1. Meet Florida Residency Requirements for Divorce. Before you start the filing process, you need to make sure that you meet all the divorce ...
• 2. Get a Petition for Dissolution of Marriage.
• 3. Sign and Submit the Petition.
• 4. Deliver a Petition Copy to Your Spouse.
• 5. Finalize Florida Marital Settlement Agreement.

Full Answer

How do I file for divorce without a lawyer in Florida?

Florida permits you to apply for a divorce pro se, i.e. without an attorney. This process can be easily completed with the assistance of an online divorce service that will allow your to complete your paperwork in less than an hour.

When to file an answer to a divorce petition in Florida?

This must be done within 20 days of receiving the petition. This is the first of the Florida divorce answer and counter-petition forms, the Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Children, Form 12.903 (c) (1).

What is the final step in the divorce process in Florida?

Following the judgment of the court, you and your spouse must attend a final hearing where the judge will sign the Final Judgment of Dissolution. Helpful Resources to help understand the divorce process can be found on Florida gov site here. Guides & Articles

Can I represent myself in an uncontested divorce in Florida?

In most uncontested and simplified divorces in Florida, you can represent yourself, i.e. pro se, saving yourself months of paperwork and needless expenses on court and attorney fees.

How do I respond to divorce papers in Florida?

In responding to divorce papers in Florida, you can file an 'answer', a 'counterclaim', or both. Simply put, the answer is a response to your spouse's allegations, statements, or complaint. You will have the chance to highlight the specific points with which you disagree.

How do I file a counter petition for divorce in Florida?

Florida law requires you to file a written response to a Petition for Dissolution of Marriage within 20 days of being served. This should give you enough time to find a divorce attorney and go over the statements and request made in your spouse's Petition.

How long does a respondent have to answer divorce in Florida?

20 daysYou have 20 days to answer after being served with the other party's petition. After you file your answer, the case will generally proceed in one of the following two ways: UNCONTESTED.

How do you respond to divorce proceedings?

Four ways to respond to a divorce petition:Agree with the divorce. If you can decide all of the details with your spouse beforehand, this is the quickest and cheapest option. ... Ask for amendments. ... Defend the petition. ... File for your own divorce.

What happens after you file a counter petition in a divorce in Florida?

If you file a counter petition, your spouse then has 20 days to answer your counter-petition. All Florida divorces require disclosure of certain documents, such as a Financial Affidavit or tax returns. All parties involved in the divorce must file these within 45 days of being served.

What is counter file in court?

Counterclaims are a claim bought against the Plaintiff by the Defendant in a lawsuit. It is typically filed as part of a Defendant's answer to the original claim. Counterclaim can contain a variety of material ranging from accusation of fraudulent activity to claims which would preempt any attempt at suit.

What happens if the respondent does not file a response?

If you do not serve and file a Response within 30 days after being served with the Petition Packet, your spouse may enter your default, and the Court could make orders affecting your family and finances without hearing from you. If you cannot afford the filing fee, you may qualify for a fee waiver.

What happens after you respond to a divorce petition?

If you respond, this means you will participate in the divorce process and have input on any court decisions. You and your spouse may still agree and not need to go to court. If you don't agree, you can use a court process to have the court decide.

What happens if spouse does not respond to divorce papers Florida?

When a party does not respond to a petition, a default divorce can be entered. Typically, when served with a Florida divorce petition, there are only 20 days to file a response. If a response is not filed on time, the petitioner (person filing the case) can request a default divorce be entered against the other party.

Is it better to be the petitioner or the respondent in a divorce?

There is no advantage or disadvantage to being either the petitioner or respondent. They are simply terms to make it easier to refer to each party during the divorce process.

Can you stop a divorce after filing?

You can change your mind about divorce and cancel the proceedings, providing both parties agree. If you reconcile at any stage, even after the pronouncement of the Decree Nisi (the middle stage of the divorce), you can ask the Court to rescind the decree and dismiss the petition.

How long after being served divorce papers do you have to respond?

21 daysDivorce papers can be served by personal service, certified mail, or signing for the documents. If the papers were handed to you by a process server, or by any adult other than your spouse, you have 21 days to respond, assuming you were properly served.

What is the second divorce answer in Florida?

This is the second of the Florida divorce answer and counter-petition forms, the Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Children , Form 12.903 (c) (2).

What are the answer forms for divorce?

The first two of the divorce answer forms are direct answers to the Petition for Dissolution of Marriage, the following three answer forms are answer and counter-petition forms, and the last of these is an answer to a counter-petition.

How long does it take to answer a counterpetition in Florida?

After you file an answer and counterpetition your case will then generally proceed as follows: The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903 (d).

What is the form 12.903 in Florida?

This is the third of the Florida divorce answer and counter-petition forms, the Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child (ren ) or Property, Form 12.90 3 (c) (3).

How long do you have to answer a petition after being served with the other party's petition?

You have 20 days to answer after being served with the other party’s petition.

How long does it take to get divorced after being served with a petition?

If you've been served with a Petition for Dissolution of Marriage, you are required to answer the petition within 20 days or else your divorce can end in a default entered against you.

How long does it take to get a copy of a petition?

This must be done within 20 days of receiving the petition.

Respond to the petition is a must

Responding to the divorce petition in the given time frame is important because if you do not respond, then the court is eligible to make you a defaulter, and your partner will get everything she or he has asked for in the divorce papers.

Respond to the petition in the designated time

Divorce papers might not have made you worried but when you have read them you have to file a response immediately. The response time is twenty consecutive calendar days after receiving the petition. Until you file a request to extend the time to meditate, resolve, or want the decision to be reconsidered.

There is a special document for official response

You need some special documents to complete your divorce response officially. That include:

Send a duplicate of your response to your partner as well

Filed your response to the court? It’s not over yet. You have to ensure that the copy of your response has been served to your partner as well, the court is not responsible to do this on your behalf.

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How long do you have to be a resident of Florida to get divorced?

No trial is necessary. Regular Dissolution of Marriage requires that at least one spouse has resided in Florida for at least six months prior to the divorce.

How long do you have to be married to file for a simplified divorce in Florida?

In order to qualify for a Simplified Dissolution of Marriage, you must meet the following criteria: You or your spouse must have resided in Florida for six continuous months prior to filing. Both spouses must sign and agree to all documents filed. No minor children may be involved.

How much does an uncontested divorce cost?

A written agreement must be signed by both parties. In some cases, an uncontested divorce may only cost a few hundred dollars.

What are the issues in divorce?

The thorniest issues in most divorces involve property distribution, spousal support and child custody. If you and your spouse can come to an agreement on all of these issues, it is in your best interests to do so.

What happens if my spouse doesn't answer my divorce question?

If your spouse fails to provide an Answer within 20 days, you may file a Motion for Default. If approved, you may complete the divorce with the judge largely agreeing to the points in the original petition. A default judgment eliminates the need to consider any opinions from the respondent spouse, although it may not relinquish their right to equitable distribution of assets and liabilities.

What happens if my spouse disagrees with my divorce?

If your spouse files an Answer that disagrees with any of the allegations in the Petition for Dissolution of Marriage, or a Counter Petition, then you will face a contested divorce. This can be a costly and lengthy process which almost always requires the services of an experienced divorce attorney.

What is considered mental incapacitation in Florida?

Mental incapacitation is grounds for divorce and is defined by Florida law as. Your spouse must be pronounced mentally incompetent by a legal authority. Your spouse must be mentally incompetent for at least three years prior to the divorce filing [Florida Statutes – Chapters: 61.052]

How long does it take to get divorced in Florida?

It generally takes about 4-6 weeks to finalize uncontested divorces in Florida. Part of this process has to do with a mandatory 20-day waiting period, court backlogs, final hearing scheduling issues, and other administrative processes.

How long does a spouse have to be incapacitated to file for divorce in Florida?

According to Florida Statutes – Title VI §61.052 (1), to qualify for this ground, the spouse must have been declared legally incapacitated for at least three years prior to the filing for divorce with the court.

How much does it cost to file for divorce in Florida?

In the state of Florida, the filing fee for an uncontested divorce is $408 plus a $10 summons fee. You will also need to pay a small fee to have a process server or sheriff’s deputy serve papers on your spouse, but this should be less than $100. If you can’t afford to pay the fees, you can request a waiver.

What is an uncontested divorce?

An uncontested divorce means that you and your spouse agree on all issues such as division of assets and debts, alimony, child support, and child custody. By agreeing on all issues, there is nothing for the court to decide.

What is the best way to dissolve a marriage in Florida?

One of the major benefits of an uncontested divorce is that you and your spouse are in complete control of the outcome. An uncontested divorce is the quickest, easiest path to dissolving a marriage in Florida. It can save time, money and anxiety, allowing each person to more peacefully move on with the next part of their lives.

What happens when a spouse responds to a divorce?

When a spouse responds, a short final hearing will be set. A judge will review the case, look at the terms of a marital settlement agreement, make sure that legal residency requirements have been met, and then if the judge determines everything is in order, a Final Judgment of Dissolution of Marriage will be issued.

How much does a divorce attorney charge?

By contrast, divorce attorneys can charge anywhere from $150 to $500 for consultations and other related services in a contested divorce.

What Is Due Diligence When Trying To Find the Absent Spouse?

To prove that you have tried everything in your power to locate your spouse, you will need to:

Found Your Spouse? File for an Uncontested Divorce!

If all goes well and you locate your spouse, the chances are that they’ll want to get a divorce as well.

Make a Divorce Settlement Agreement With DoNotPay

If you want a divorce settlement agreement that covers all the necessary items and statements for your uncontested divorce, turn to DoNotPay for help. Our app will handle the process in a fast and simple manner. You only have to complete four simple steps:

DoNotPay Has More Information About the Divorce Process

Take a look at the table below to see the common questions about getting a divorce and the state-specific process in Florida:

Work Smarter, Not Harder!

Although there are certain tasks that are a pain but can’t be avoided, such as paying your property taxes, you don’t have to do them the hard way. There is always a way to make the overbearing bureaucratic procedures a bit easier. DoNotPay can find a loophole and help you cut through the red tape!