Only you or a lawyer that you have hired can represent your interests in your case. There are rules that, if not followed, can lead to the permanent loss of rights. Dissolution of marriage cases have lasting impact and can be extremely complicated. Although not required by law, it is in your best interest to hire a lawyer to represent you. Every case is different and dissolution of marriage cases can be particularly complicated.
This resource is a broad overview of how cases proceed in generally. There are many points at which something may complicate the progress of a case and this summary does not discuss every possible event. This is one of the reasons it is important to have an experienced attorney representing you if at all possible. A regular dissolution of marriage lawsuit is begun by one spouse filing a petition for dissolution of marriage. This is done in the circuit court where both spouses last lived together or where either one lives now.
The spouse who
Response to petition for dissolution of marriage not file the petition has 20 days to file an answer from the time they are served with the petition. The petitioner would then have to file an answer to the counter-petition. In addition to the financial affidavit that must be filed with the court within 45 days of the petition being filed, there is other financial information that must be given to the other party in your case but not filed with the case.
These are known as mandatory disclosures and include things such as your tax returns, proof of income, statements regarding your debt, credit cards, bank accounts, and retirement accounts. Both spouses have a right to find out information that the other party has about the case. In discovery both sides will have to reveal details about their finances, produce relevant documents upon request, and respond under oath to questions from the other side.
In most parts of Florida, you will be required to go through mediation to see if you can reach an agreement on those issues about which you have not already agreed.
There is an exception if you are a victim of domestic violence. The court must approve of an agreed upon parenting plan or enter its own parenting plan with any dissolution where there are minor children.
There are many factors that the court will take into consideration when establishing a parenting plan. In general, the law requires the judge to try to make sure that children have regular and ongoing contact with both parents. Parenting plans are one of the issues about which you and your spouse can reach an agreement through negotiation or mediation. An agreement on a parenting plan can then be presented to the judge for approval.
A parenting plan has to include. If you have minor children the law in Florida also requires that both spouses attend a parenting class before the court can enter a final dissolution of marriage. The clerk of court near you can give you "Response to petition for dissolution of marriage" specific information Response to petition for dissolution of marriage when and where these classes are available.
The trial is known as a contested final hearing. If there are any things you could not agree about after mediation, a final hearing, or trial, will be scheduled in your case. This will be heard by a judge, not a jury. If you and your spouse can agree on some of the issues in your case, you should complete a marital settlement agreement for dissolution of marriage and file it with the court.
This has to be signed by you both and notarized. At your final hearing the judge will hear from both sides. Each will be allowed to present evidence to the court, including testimony. The other party can cross-examine ask questions of witnesses. Be sure to bring any people that you want to speak to the judge. If you have minor children, there will also be a parenting plan approved or established by the court.
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It was created with help from volunteer lawyers, legal service organizations, and government agencies throughout Florida. Skip to main content. Filing a Petition A regular dissolution of marriage lawsuit is begun by one spouse filing a petition for dissolution of marriage. Filing an Answer The spouse who did not file the petition has 20 days to file an answer from the time they are served with the petition.
Additional Papers You Must File A financial affidavit has to be filed within 45 days of the petition being served. A child-support guidelines worksheet has to be filed before any hearing on child support. A parenting plan has to include 1. How helpful do you find the information on this page? Not helpful
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This site would not be possible without the support of: then filing a Response will be relatively simple. The forms will Response to Petition for Dissolution of Marriage (Divorce) Without Children. Dissolution of a Non-Covenant Marriage (Divorce) With Minor Children.
“ Response to Petition for Dissolution of Marriage”. 6. “Parenting. I or my spouse have lived, or have been stationed while a member of the Armed Forces, in Arizona for at least 90 days before this action was filed or. I or.