Receiving divorce papers can feel overwhelming, especially if you weren’t expecting them. The moment you’re served, the clock starts ticking, and you have important decisions to make.
So, what happens next? What should you do, and what happens if you don’t respond?
This guide walks you through the steps you need to take after being served divorce papers in Florida, from filing an answer to handling financial disclosures and understanding what to expect in the legal process.
1. Immediate Response
Once you’ve been served divorce papers in Florida, the clock starts ticking. You have exactly 20 days from the date of service to respond.
Now, you have two main choices:
Option 1: File an Answer
Filing an answer is the best way to make sure your side of the story is heard. In this document, you can:
- Admit or deny the claims made in the divorce petition.
- List any defenses or legal arguments.
- Raise counterclaims if you have your own requests (such as custody, support, or asset division).
Your response must be filed with the court and sent to your spouse (or their attorney). This ensures you’re officially part of the case and can negotiate terms rather than having them decided for you.
Option 2: Ignore the Petition
If you don’t respond, your spouse can request a default judgment—meaning the court may grant their requests without your input. That could affect:
- Property division
- Alimony
- Child custody and support
If you want a say in these decisions, filing an answer is crucial.
2. Gather Your Financial Information
Once you respond, the next step is getting your financial documents in order. Florida law requires both spouses to disclose their financial situation to ensure fair decisions in property division, child support, and alimony.
File a Financial Affidavit
A financial affidavit is a required document that outlines your income, expenses, debts, and assets. This must be completed within 45 days of being served.
Why is this important?
- The court uses it to make fair financial decisions.
- Failing to provide accurate information could result in penalties.
- Hiding assets or income can lead to serious legal consequences.
Collect Supporting Documents
To back up your financial affidavit, you’ll need:
- Tax returns (typically the last three years)
- Bank statements
- Investment and retirement account records
- Pay stubs
- Real estate documents
- Debt records (credit cards, loans, mortgages)
Having these documents ready early helps prevent delays and ensures that your financial disclosures are accurate.
3. Different Stages of the Divorce Process in Florida
Every divorce is unique, but in Florida, the process typically follows these steps:
- Uncontested Divorce: If both spouses agree on all terms (property, custody, support, etc.), they can submit a settlement agreement and finalize the divorce without going to court.
- Contested Divorce: If there’s any disagreement, the case moves into litigation, which involves discovery, negotiation, and possibly a trial.
Discovery
If the divorce is contested, both parties go through discovery, where they exchange financial and personal information. This can include:
- Interrogatories (written questions that must be answered under oath).
- Requests for documents (financial records, emails, contracts, etc.).
- Depositions (formal interviews under oath, recorded by a court reporter).
Everything disclosed during discovery helps in negotiations and trial preparation.
Negotiation and Mediation
Before going to court, spouses often try to settle through negotiation or mediation. Mediation is a structured process where a neutral third party helps both sides reach an agreement.
Why mediation?
- It saves time and money compared to a trial.
- It allows both parties to have a say in the outcome.
- It keeps personal matters private instead of being aired in court.
Some cases settle quickly while others take longer, depending on the issues involved.
Trial
If no agreement is reached, the case moves to trial, where a judge makes the final decisions.
During trial:
- Both sides present evidence.
- Witnesses may testify.
- The judge makes rulings on asset division, custody, and support.
Going to trial can be expensive and unpredictable, so most cases try to settle before reaching this stage.
4. Finalization and Post-Divorce
Once the divorce process is complete, the court issues a final judgment, which legally dissolves the marriage and outlines each party’s rights and responsibilities moving forward.
What’s in the Final Judgment?
The final judgment is a legally binding document that includes decisions on:
- Division of assets and debts.
- Child custody and time-sharing arrangements.
- Alimony and child support.
This document serves as the official record of how these matters are handled, and both parties must comply with its terms to avoid legal issues down the road.
Can the Final Judgment Be Modified?
In some cases, modifications may be necessary, but they aren’t common. A court will only approve changes if there’s been a significant change in circumstances, such as:
- A major job loss or substantial change in income.
- A parent needing to relocate, affecting time-sharing arrangements.
- A serious medical issue impacting a spouse’s ability to meet obligations.
Even if both parties agree to a change, court approval is still required to make it legally enforceable.
Why is it Important to Follow the Final Judgment?
Once the divorce is finalized, ignoring court orders can have serious consequences. Failing to comply with custody agreements, child support payments, or alimony obligations could lead to:
- Wage garnishment for unpaid support.
- Driver’s license suspension.
- Bank account levies.
- Contempt of court charges, which may include fines or jail time.
If you’re struggling to meet the terms of your divorce judgment, it’s always best to seek legal advice before making any decisions on your own.
Going Through Divorce in Florida? Mindful Divorce, P.A., Can Help
At Mindful Divorce, P.A., we know that divorce is one of the most challenging experiences you can go through. That’s why we offer fixed-fee divorce services, giving you clarity and peace of mind when it comes to legal costs.
Our goal is to help you move forward without unnecessary stress. Whether your case is simple or complex, we’ll work with you to reach the best possible outcome.
Call us at 561-537-8227 to schedule a consultation today. You don’t have to handle this alone—let’s take the next step together.
