Responding to Divorce Petition

Barrister Amna (Alevels Academy Islamabad)

8/30/2024

A Levels Academy Islamabad

Transcript

00:00All good things must come to an end,

00:02and those ends have beginnings of their own.

00:05In Florida, the divorce process as a lawsuit

00:08begins with what's known as a divorce petition.

00:10A divorce petition is a legal document

00:12written by one spouse and served to another spouse.

00:16The petition must give the reason for wanting the divorce,

00:19usually that the marriage is irretrievably broken.

00:22A divorce can be filed in Florida

00:24if at least one spouse has lived there

00:26for six months or more.

00:27The petition must also be filed with the circuit court

00:30where one of the spouses resides.

00:32Also in Florida, there doesn't need to be any period

00:35of legal separation before a petition is filed.

00:38If someone wants out,

00:39there's nothing stopping them from getting the ball rolling.

00:42If you receive a divorce petition, don't panic.

00:45First, in Florida, you have 20 days

00:48from when you were served to respond.

00:50This will give you some time to think about it.

00:52Second, don't be upset if it seems that the petition

00:55asks for everything in the kitchen sink.

00:57It is common for petitions to ask for a lot

01:00because it is hard to ask for more later on.

01:03The most important thing to remember

01:05if you intend to contest the divorce

01:07is to respond by the deadline.

01:09If you don't, then your spouse may file a motion for default.

01:13If you are defaulted, the court will generally grant

01:15everything the petition asks for.

01:18When you respond, you should go through the petition

01:20and say in writing whether you agree or disagree

01:23with each thing that it says.

01:25Those written answers must be sent back to the filing spouse

01:29and copies must be made for court

01:30and for use in the hearing.

01:32The case would then proceed to the discovery phase

01:35in which you make financial disclosures

01:37to your spouse and the court.

01:39So start collecting any and all of your financial records,

01:42including deeds and tax returns.

01:45If children are involved,

01:46a more delicate handling of the process may be required.

01:50The court usually orders mediation in these situations.

01:53In general, though, it is best not to involve children

01:56in the proceedings at all.

01:58If you don't want to contest the terms

02:00in the divorce petition at all,

02:01just formally say so in the answer.

02:04Florida law allows for a simplified divorce process

02:07if both parties are in agreement

02:08and several other conditions are met.

02:11Those conditions are, first, both spouses must agree

02:14that the marriage can't be saved.

02:17Additionally, the couple cannot have any children

02:19who are minors and the wife cannot be pregnant.

02:22Each spouse must also be willing to forego the rights

02:25to court hearings and appeals,

02:27and neither can want alimony.

02:29The couple must have agreed

02:30on how the assets are divided up

02:32and how any debts will be paid,

02:34along with being mutually satisfied

02:36with the court-approved financial information provided.

02:39If all these apply, the only things left

02:41are the signing of the petition in the clerk's office

02:43and a mandatory final hearing

02:45that is really just a formality.

02:47Divorce can be a hard road to travel

02:50and more than a little scary.

02:52LegalYou can make it easier.

02:54LegalYou always has a free, easy-to-use form

02:57for responding to a divorce petition.

03:00LegalYou. You can do this.

Responding to Divorce Petition

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