[FL] I completed the divorce papers, what do I do now?
After completing the initial divorce petition, the next step is usually to file it with the court. The court will then issue a summons, which, along with the petition, must be formally delivered to your spouse to let them know they've been sued for divorce. Once your spouse receives those papers, they will have a specific period of time to file a response with the court. If they fail to respond within that timeframe, you could potentially ask for a default judgment to be entered against them.
Let's discuss this in more detail so I can provide a more thorough response. What state are you in, and were you able to file the form with the court yet? Also, how long have you and your spouse lived in that state? The answers to these questions will help me figure out what the next steps are for you since divorce procedures can differ depending on where you live.
Please remember that at any time throughout our conversation, if you don't hear back from me right away, don't worry, because I am still here and will get back to you.
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TJ, Esq.
Hello and thank you for the opportunity to assist you! My name is TJ, and I am an attorney. How can I help you?
I just completed the form for the divorce. What do I do now?
TJ, Esq.
After completing the initial divorce petition, the next step is usually to file it with the court. The court will then issue a summons, which, along with the petition, must be formally delivered to your spouse to let them know they've been sued for divorce. Once your spouse receives those papers, they will have a specific period of time to file a response with the court. If they fail to respond within that timeframe, you could potentially ask for a default judgment to be entered against them.
Let's discuss this in more detail so I can provide a more thorough response. What state are you in, and were you able to file the form with the court yet? Also, how long have you and your spouse lived in that state? The answers to these questions will help me figure out what the next steps are for you since divorce procedures can differ depending on where you live.
Please remember that at any time throughout our conversation, if you don't hear back from me right away, don't worry, because I am still here and will get back to you.
Orlando, Florida
Thank you.
TJ, Esq.
Once the petition is filed in Florida, you will need to get the documents served on your spouse. Service can often be done by the county sheriff or by a private process server. After the papers are served, your spouse will have 20 days to file a response with the court.
Are you and your spouse in agreement about the major issues in the divorce, such as how to divide your assets and debts, or is this likely to be a contested divorce? Figuring out if you are in agreement will help me explain the different ways a Florida divorce can proceed.
We are at an agreement. I think he has at the point that he will just sign the papers. I don't want this to be a big problem. I want this as simple as can be for me and him.
I don't want anything different than what it is.
How do i get the papers to him
TJ, Esq.
The easiest way to get the papers to your spouse, especially since you are in agreement, is by having them personally served. You can't be the one to serve the papers yourself. They have to be served by either the county sheriff's department or by a private process server. Once the papers are served, your spouse will have 20 days to file a response with the court.
Since you've come to an agreement, you can use that to your advantage. Your spouse can sign a document that acknowledges they've been served and agrees to the terms of the petition. This can make the process go a lot faster. This is typically done through a form called a "Marital Settlement Agreement." It's a comprehensive document that details how you and your spouse will divide all of your assets and debts.
If your spouse does sign the agreement, you would then submit it to the court along with the other required divorce forms. The court reviews it to make sure it's fair and follows the law. If everything is in order, a judge can sign a final judgment, and your divorce will be finalized without needing a full trial.
If your spouse won't sign the papers, then you'd need to go forward with service of process. After they are served, they would have to file a response to the divorce petition with the court within 20 days. If they don't, you can ask the court to enter a default judgment. A default judgment means that the court can finalize the divorce based on what you requested in your petition. This is not the most common way to do it since it can make things a lot more complicated, but it is an option if your spouse won't cooperate.
The next steps for you would involve finalizing your agreement in a formal written document. You would want to create a Marital Settlement Agreement that clearly outlines all of the terms, including how you'll divide property and debt. This can help to ensure that your agreement is enforceable and that there are no surprises down the road. You can then submit the signed agreement to the court along with the other paperwork. This approach can help you get the divorce finalized efficiently and without the stress of a contested court battle.
Did that completely answer your questions about how to proceed and how to get the papers to your spouse? Please let me know if you need any clarification or have other questions.
Thanks again for letting me assist you!
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