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What to Do When You’ve Been Served Divorce Papers

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:

  1. A completed Financial Affidavit
  2. Bank statements
  3. Tax returns and IRS forms W-2, 1099 and K1 Statements
  4. Pay stubs and proof of income
  5. Retirement, brokerage, and investment accounts (including statements show marital and non-marital portions of those accounts)
  6. Mortgage and property records
  7. Credit card statements
  8. Loan documents and outstanding debts
  9. Business records like corporate and partnership returns (if applicable)
  10. 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:

  1. 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.
  2. Any significant financial transactions to avoid accusation of marital waste or dissipation.
  3. 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.
  4. Any concerning behavior from your spouse, such as threats or harassment
  5. 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

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.

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Diance C
Feb. 2025
I had the pleasure of hiring Ms.Gastell for my divorce. I was kept informed at all times of any information relating to my case. Ms. Gastell worked deligently and was always ready to listen and help with any my concerns during a very difficult time in my life. I highly recommend TK Law PA.
John M.
Oct. 2024
My wife and I finally took the steps to start the estate planning process as we are not getting any younger and we didn't want to leave a mess for our daughter to have to clean up. We have witnessed this far too many times of the last few years, as relatives have passed away only to watch the circus play out afterward. TK Law provided a wonderful experience from start to finish. Everyone at the office that I had the pleasure of working with was extremely professional and got back to me in a timely manner with any questions that I had. My wife and I really appreciate all the hard work and are very thankful to get all our estate planning needs met. We now have the peace of mind that we have done all that we can to minimize any issues after we pass.
JD
Sept. 2024
On August 7, 2020, I was fortunate TK Law Firm was suggested as the first option for Divorce and Family Law. I was blessed to be represented by Ms. Janelise Gastell and TK Law Firm Support Staff. Ms. Gastell has the qualities and standards of integrity, ethics and loyalty. Ms. Gastell's dedication and determination resulted in positive results. Ms. Gastell challenged me to put in the same amount of effort. The end result was the divorce being finalized on September 4, 2020. Four years later, the money spent was an outstanding investment. The financial investment was an integral part of moving forward in my life. This included my well being mentally, physically, emotionally and spiritually. If potential clients are searching for excellent Divorce and Family legal representation. My recommendation would be Attorney Janelise Gastell. Thank You.
Benjamin C.
July 2024
TK Law is highly recommended for anyone seeking legal representation. They combine exceptional legal expertise with a client-centered approach, ensuring you receive the best possible outcome. Throughout my case, Attorney Gastell and Paralegal Kayla consistently demonstrated unparalleled expertise. They were patient, persistent and dedicated to protecting my interests to ensure a positive outcome. #onefirmforlife
Carmen D.
Mar. 2024
I give this law firm a 5 star. Ray and Janelise helped us with our probate issue and made the process a lot easier for us to finalized all of it. We're very thankful to this law office and recommend them for any legal issues.Thank you Janelisse and Ray and the entire office .
Chris O.
Dec. 2023
This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.
Lisa L.
2023
The divorce process is never easy, but everyone one at TK Law made it as easy as possible. Kayla Johnson, my paralegal was always available, helpful and understanding of the situation. Attorney Janelise Gastell was also extremely helpful. She made sure all decisions were made in my best interest. My divorce seemed to take much longer than the average due to the other side, but both Ms Johnson and Attorney Gastell kept things moving as quickly as possible.

*Top-rating from clients and award publications such as Orlando Weekly, US News & more.​

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The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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