Being served with divorce papers can be one of the most stressful and emotional moments in a person’s life. Whether the filing came as a complete surprise or was expected, it is important to understand that the actions you take in the days and weeks that follow can significantly impact your rights, finances, relationship with your children, and the overall outcome of your case.
If you have been served with a Petition for Dissolution of Marriage in Florida, here are the steps you should take.
1. Stay Calm and Read the Documents Carefully
The first reaction many people have is panic, anger, or fear. While those emotions are understandable, it is important to take a deep breath and carefully review everything that was served on you.
The documents may include:
- Petition for Dissolution of Marriage
- Summons
- Financial affidavits
- Notices regarding mandatory disclosures
- Requests for temporary relief
- Parenting plan requests
- Child support documents
Pay particular attention to any deadlines and requests made by your spouse.
2. Do Not Ignore the Divorce Papers
One of the biggest mistakes a person can make is simply ignoring the lawsuit.
In Florida, you generally have 20 days from the date you are served to file a written response with the court. Failing to respond can result in a default being entered against you.
A default can allow the court to proceed without your participation and may significantly limit your ability to contest important issues.
Ignoring the case will not make it go away.
3. Consult With an Experienced Florida Family Law Attorney
Even if you believe the divorce will be amicable, it is wise to consult with an attorney as early as possible.
An experienced family law attorney can help you:
- Understand your legal rights and obligations
- Evaluate claims made in the petition
- Protect important financial interests
- Develop a strategy regarding children and parenting issues
- Avoid costly mistakes
The earlier you obtain legal advice, the more options you will typically have.
4. Preserve Financial Records and Important Documents
Divorce cases often involve disputes regarding income, assets, liabilities, and spending.
Begin gathering and preserving documents such as:
- Tax returns
- Bank statements
- Credit card statements
- Retirement account statements
- Investment account records
- Pay stubs
- Mortgage documents
- Business records
- Insurance policies
Having organized financial records can save time, reduce legal fees, and help ensure an accurate picture of the marital estate.
5. Be Careful With Social Media
Anything you post online may become evidence in your divorce case.
Photos, videos, comments, and messages can be used to challenge claims regarding:
- Parenting abilities
- Income
- Spending habits
- Lifestyle
- Credibility
Avoid discussing your divorce on social media and assume that anything you post could eventually be shown to a judge.
6. Do Not Make Major Financial Decisions Without Legal Advice
After being served, some people are tempted to:
- Empty bank accounts
- Transfer assets
- Change beneficiaries
- Cancel insurance policies
- Sell property
- Hide funds
These actions can create serious legal problems and may negatively affect your credibility before the court.
Before making significant financial decisions, speak with your attorney.
7. Focus on Your Children
If children are involved, it is important to keep their best interests at the center of your decisions.
Avoid:
- Speaking negatively about the other parent
- Using children as messengers
- Discussing court proceedings with children
- Interfering with parenting time
Florida courts strongly favor parents who demonstrate a willingness to foster a positive relationship between the children and the other parent.
8. Understand That Temporary Issues May Need Immediate Attention
Many divorce cases involve temporary matters that need to be addressed before the final judgment is entered.
These issues may include:
- Temporary time-sharing schedules
- Temporary child support
- Temporary alimony
- Exclusive use of the marital home
- Payment of household expenses
Addressing these issues early can provide stability while the case is pending.
9. Prepare for Mandatory Financial Disclosure
Florida family law cases generally require both parties to exchange financial information.
You may be required to provide:
- Tax returns
- Pay stubs
- Bank records
- Credit card statements
- Loan information
- Retirement account statements
Providing complete and accurate information is essential and helps avoid sanctions or unnecessary litigation.
10. Take a Long-Term Approach
Divorce is not simply about getting through the next few weeks—it is about positioning yourself for the next chapter of your life.
When making decisions, consider:
- Your financial future
- Retirement planning
- Parenting relationships
- Housing needs
- Long-term goals
Emotional decisions often lead to expensive mistakes. Strategic decisions generally lead to better outcomes.
Final Thoughts
Being served with divorce papers can feel overwhelming, but it does not mean you have lost control of your future. By acting promptly, understanding your rights, preserving important information, and obtaining experienced legal guidance, you can protect yourself and make informed decisions throughout the divorce process.
If you have been served with divorce papers in Florida, consulting with a knowledgeable family law attorney early in the process can help you avoid common pitfalls and put you in the best possible position moving forward.
