Responding to Divorce Petition
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.