The process of getting divorced is never easy. Even when spouses agree to end the marriage, they must decide on the divorce settlement terms. They must also prepare and file the divorce papers with the court and go through the court process of terminating the marriage.
The Florida divorce process can be more challenging when one spouse does not want to get divorced or disagrees with the divorce terms. If this is the case, the petitioning spouse (i.e., the spouse filing for divorce) faces a longer, costlier divorce process.
Before you fail to respond to divorce papers in Orlando, you should know a few things from an experienced Orlando divorce lawyer.
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Ignoring Divorce Papers Will Not Stop the Divorce From Happening in Florida
Many couples mutually agree it is time to part ways. They may have fallen out of love with each other, want to pursue different paths, or have fallen in love with someone else. Whatever the reason might be for dissolving the marriage, the spouses have filed for divorce.
That does not necessarily mean the spouses agree on all terms of the divorce, which we discuss below. Let’s examine what happens when one spouse refuses to respond to divorce papers.
Quick Review of the Grounds for Divorce in Florida
Let’s assume you do not respond to the divorce papers because you do not want your spouse to leave you. Refusing to respond to the divorce papers does not stop the divorce from happening.
Florida is a no-fault state for divorce actions. Florida Statute §61.052 states that a spouse can obtain a divorce on the grounds that the marriage is irretrievably broken. Generally, that means the parties have irreconcilable differences, and further attempts to reconcile would be unproductive and could even be harmful to the parties and their children.
The law does not require the spouses to agree that the marriage is irretrievably broken. It takes only one spouse to ask for a divorce under these grounds to receive a divorce. Therefore, ignoring the divorce papers in hopes of stopping a divorce in Florida will not work.
However, what will happen is that you give up your right to participate in the divorce proceedings by failing to respond to divorce papers. While this option might not significantly impact some individuals, waiving your rights to participate in your divorce proceeding could negatively impact your position in the divorce settlement.
What Happens When I Am Served with Divorce Papers in Orlando, FL?
If you receive divorce papers, do not ignore them. Contact an Orlando divorce lawyer immediately. You have just 20 days to respond to the divorce papers.
Failing to Respond to Divorce Papers in Orlando, FL
If you miss the deadline, the court can hold you in default. What happens if you are in default in a divorce action? The judge may proceed with the divorce proceedings and grant your spouse everything they requested in the divorce petition.
Therefore, if your spouse requested sole custody of your children, the judge may grant sole child custody if your spouse presents sufficient evidence that sole custody is in the best interest of the children. Likewise, if your spouse requested 70% of the marital assets, the judge could grant their request if they can show that dividing the assets 70/30 is fair and equitable given the facts presented to the court.
Refusing to respond to divorce papers means you do not get to tell your side of the story. You will not be able to present evidence and witnesses proving that you should have joint custody of your children and one-half of the marital property.
Therefore, even if you want a divorce, it is in your best interest to speak with an attorney immediately to discuss filing a response to protect your legal rights.
Filing a Response to Divorce Papers in Orlando, FL
As discussed above, you have 20 days to file an answer or other response to the divorce papers. Your attorney may request additional time to file a response for good cause (i.e., The court must find justifiable reasons for extending the filing deadline).
Once your attorney files your response, the divorce case is placed on the court doctor. Whether the case takes a contested or uncontested path depends on you and your spouse. If you dispute your spouse’s settlement request, the matters are contested. On the other hand, if you agree with your spouse, your attorneys draft a proposed settlement agreement to present to the court.
In most cases, divorces are mediated with the assistance of divorce attorneys. Your attorneys negotiate with your spouse’s attorney to develop a parenting plan, time-sharing agreement, support order, and property division agreement that all parties can accept. The process of negotiating a divorce settlement could take several weeks or months, depending upon the issues involved and the willingness of the parties to compromise.
Parties may agree to a collaborative divorce to resolve the marriage or use a family mediator to facilitate negotiations. You have several options to resolve a divorce without going to trial.
If you and your spouse continue to dispute any issue related to your divorce, your divorce case is placed on the contested trial docket. The case proceeds through the discovery and pre-trial motions before going to trial. However, spouses can and sometimes do settle the disputed terms right before they go to trial.
Issues That Must Be Resolved in a Florida Divorce
While each divorce case is unique, the issues involved in a divorce case are similar. Generally, property division is an issue in all divorces unless the parties have pre-nuptial agreements and no marital assets. Alimony, child custody, and child support are common issues in many divorces, but they do not apply in all cases.
Florida has standard child support guidelines that provide judges with a calculation for base child support obligations. However, judges deviate from the base amount for several reasons.
Property division in Florida is based on equitable distribution. Martial assets are divided between the parties based on what is fair, which may not be a 50/50 split. Alimony or spousal support may be grated, but it depends on the facts of the case, as alimony is not a right.
Get Help if You Are Served With Divorce Papers in Orlando, FL
Do not ignore divorce papers. Call Conti Moore Law at (407) 831-0203 for a confidential consultation with an Orlando divorce lawyer. Let us help you protect your rights as we work to obtain a fair divorce settlement in your case.
