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Responding to Divorce Petition
Barrister Amna (Alevels Academy Islamabad)
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1 year ago
A Levels Academy Islamabad
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📚
Learning
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00:00
All good things must come to an end,
00:02
and those ends have beginnings of their own.
00:05
In Florida, the divorce process as a lawsuit
00:08
begins with what's known as a divorce petition.
00:10
A divorce petition is a legal document
00:12
written by one spouse and served to another spouse.
00:16
The petition must give the reason for wanting the divorce,
00:19
usually that the marriage is irretrievably broken.
00:22
A divorce can be filed in Florida
00:24
if at least one spouse has lived there
00:26
for six months or more.
00:27
The petition must also be filed with the circuit court
00:30
where one of the spouses resides.
00:32
Also in Florida, there doesn't need to be any period
00:35
of legal separation before a petition is filed.
00:38
If someone wants out,
00:39
there's nothing stopping them from getting the ball rolling.
00:42
If you receive a divorce petition, don't panic.
00:45
First, in Florida, you have 20 days
00:48
from when you were served to respond.
00:50
This will give you some time to think about it.
00:52
Second, don't be upset if it seems that the petition
00:55
asks for everything in the kitchen sink.
00:57
It is common for petitions to ask for a lot
01:00
because it is hard to ask for more later on.
01:03
The most important thing to remember
01:05
if you intend to contest the divorce
01:07
is to respond by the deadline.
01:09
If you don't, then your spouse may file a motion for default.
01:13
If you are defaulted, the court will generally grant
01:15
everything the petition asks for.
01:18
When you respond, you should go through the petition
01:20
and say in writing whether you agree or disagree
01:23
with each thing that it says.
01:25
Those written answers must be sent back to the filing spouse
01:29
and copies must be made for court
01:30
and for use in the hearing.
01:32
The case would then proceed to the discovery phase
01:35
in which you make financial disclosures
01:37
to your spouse and the court.
01:39
So start collecting any and all of your financial records,
01:42
including deeds and tax returns.
01:45
If children are involved,
01:46
a more delicate handling of the process may be required.
01:50
The court usually orders mediation in these situations.
01:53
In general, though, it is best not to involve children
01:56
in the proceedings at all.
01:58
If you don't want to contest the terms
02:00
in the divorce petition at all,
02:01
just formally say so in the answer.
02:04
Florida law allows for a simplified divorce process
02:07
if both parties are in agreement
02:08
and several other conditions are met.
02:11
Those conditions are, first, both spouses must agree
02:14
that the marriage can't be saved.
02:17
Additionally, the couple cannot have any children
02:19
who are minors and the wife cannot be pregnant.
02:22
Each spouse must also be willing to forego the rights
02:25
to court hearings and appeals,
02:27
and neither can want alimony.
02:29
The couple must have agreed
02:30
on how the assets are divided up
02:32
and how any debts will be paid,
02:34
along with being mutually satisfied
02:36
with the court-approved financial information provided.
02:39
If all these apply, the only things left
02:41
are the signing of the petition in the clerk's office
02:43
and a mandatory final hearing
02:45
that is really just a formality.
02:47
Divorce can be a hard road to travel
02:50
and more than a little scary.
02:52
LegalYou can make it easier.
02:54
LegalYou always has a free, easy-to-use form
02:57
for responding to a divorce petition.
03:00
LegalYou. You can do this.
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