Divorce Deadlines: What To Do When You Have Just Been Served Divorce Papers from the Perspective of a Divorce Attorney
If you have just been served with divorce papers in Florida, you may be feeling overwhelmed, confused, or even panicked. Before you read further, take a deep breath. It will be ok. 3 out of every 1,000 residents in the State of Florida will go through a divorce every year. The good news is, you can find emotional and legal support from people with the skills and experience that can help guide you through this difficult time.
A divorce can have significant financial, emotional, and legal consequences, so do not overlook these important steps to protect yourself and your family.
Whether divorce is amicable or contentious, here is what you need to know if you were recently served with divorce papers in the State of Florida.
Immediate Steps to Take After Being Served with Divorce Papers
   1. Carefully Review the Divorce Petition
The first thing you should do is carefully read the Petition for Dissolution of Marriage and ALL of the documents included with the Petition.
While the Petition for Dissolution of Marriage is often a kitchen sink full of requests, those terms effectively outline what your spouse is requesting in terms of child custody, asset division, alimony, attorney’s fees, and other legal matters. Pay close attention to any claims or allegations made against you and make sure you understand what is being requested as that will also help guide your questions about exposure and risk when you meet with a divorce attorney.
Occasionally, you will also find temporary relief motions and discovery requests like Request for Production and Interrogatories included with the packet of documents that were served on you. Generally, you will have 45 days from the date of service to complete your discovery obligations and mandatory disclosure obligations and the clock is already ticking.
   2. Calendar the Deadline to Respond to the Divorce Petition Within 20 Days
DO NOT PUT YOUR HEAD IN THE SAND! Under Florida law, you have 20 days from the date of service to file a response with the court. This response, is usually an Answer, which allows you to either agree (admit) or contest (deny) your spouse’s allegations against you. If you fail to respond within this timeframe, the court may enter a default judgment against you, granting your spouse’s requests without your input.
The same thing applies to your discovery obligations. If you fail to respond in a timely fashion, you may be sanctioned and the court may strike your pleadings. It is important to audit the documents you provide to make sure that you are not missing anything because that is another area that is ripe for litigation and increases the cost of your divorce case. This is an important role that your lawyer
   3. Gather Important Financial Documents
All parties subject to automatic mandatory disclosure requirements must file with the court a Certificate of Compliance with Mandatory Disclosure in Florida. Do not underestimate the time or hassle of gathering these records. We recommend that you immediately begin organizing financial records such as:
- A completed Financial Affidavit
- Bank statements
- Tax returns and IRS forms W-2, 1099 and K1 Statements
- Pay stubs and proof of income
- Retirement, brokerage, and investment accounts (including statements show marital and non-marital portions of those accounts)
- Mortgage and property records
- Credit card statements
- Loan documents and outstanding debts
- Business records like corporate and partnership returns (if applicable)
- Loan documents and outstanding debts
   4. Protect Your Personal Assets and Property
If there are valuable or sentimental personal items you want to keep, ensure they are secure. However, do not hide or dispose of marital assets, as this can have serious legal consequences. We are really talking about making sure that everything is able to be accounted for at a later date.
   5. Document Everything
If you end up in front of a judge, evidence is about what you can prove, not what you know. Keep detailed records of:
- Any communication with your spouse (texts, emails, voicemails) that discuss or prove any agreements, temporary arrangements, or evidence that you are trying to cooperate and co-parent.
- Any significant financial transactions to avoid accusation of marital waste or dissipation.
- Children issues like homework, grades, teachers, friends, extracurricular activities, and the like. The more you can make it clear that you know your child’s likes/dislikes and their patterns, the easier it will be for the Court to give you what you are looking for when it comes to children issues.
- Any concerning behavior from your spouse, such as threats or harassment
- If your spouse has access to your personal email, social media, or online banking, consider updating your passwords to ensure your privacy.
   6. Consult a Divorce Attorney in Orlando, Orange County, and Seminole County
Even if your divorce seems straightforward, you should probably consult with an attorney to discuss the strengths and weaknesses to your situation. If you are getting divorced in Orange County, Seminole County or the Greater Orlando area, we are here to help guide you through this confusing time. An experienced lawyer can help protect your rights, ensure you don’t make costly mistakes, and represent you in negotiations or court proceedings. Many family law firms, including ours, offer initial consultations, so take advantage of this opportunity to discuss your case