Legal Question in Family Law in Florida

Divorce
I live in Duval County Florida and just picked up a petition for divorce from my wife's attorney. This was filed on May 29 and I was not legally served. She told me about the papers and I had to make an appointment with her attorney to get them (it took 5 days to get them). I have a coulple of questions. Someone told me I only have 20 days to respond to this petition (which leaves 10 days left) is this correct? Is a response something I can do on my own? (I'm afraid I will not be able to get into see an attorney if only 10 days left to file). I do not agree with all the terms she has listed. Also, we were married, lived, and she still lives in Duval County, but she filed the divorce in Baker County. Is this right? Can you just ramdonly choose a county to file in?

Asked on 6/09/09, 10:27 am

4 Answers from Attorneys

Gordon Fenderson Fenderson Law Firm

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Re: Divorce

No, it should not be correct that you have only 10 days left. If you dont agree you need to get an attorney and consult with him/her and file an andswer and/or a counter petition. If you want to challenge the venue you should also consult an attorney. You should probably do it soon. Contact my office for a free consultation.

Answered on 6/09/09, 10:37 am

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Brent Rose The Orsini & Rose Law Firm

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Re: Divorce

Did you sign an Acceptance of Service when you picked up the papers at the lawyer's office? If not, it doesn't sound like you were legally served. If you did sign, then you have 20 days to file an answer from the day you picked up the paperwork.

Also, venue (the county in which the divorce must be filed) is the last county in which the two of you lived as husband and wife. That sounds like Duval County. It seems that her lawyer filed in the wrong county. You probably should not file an answer since, in so doing, you may be agreeing to have your case heard in the wrong county. You may want to file a motion to change venue before your 20 days expires.

You should quickly speak with the Jacksonville attorney who responded to your posting.

Answered on 6/09/09, 11:30 am

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Thomas Rosenblum Rosenblum Law Offices

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Re: Divorce

Dear Sir:

In response to your questions, I offer the following:

First, you should have been served by a process server to make it official and to start the 20 day limit within which to file your Answer. If you signed a document when you picked up the Petition,that acknowledged acceptance, then the 20 days started.

As far as which County the case should be seated in, the law states the case is properly filed in the County where the parties last lived together as Husb. & Wife. If you do not object to it being in baker, you could file an Answer and see if the Judge brings up that issue. DO NOT file an Answer if you want the case in Duval County. Rather, you should file a Motion Tom dismiss in Baker.

Next, if you need more time to file an Answer, you can call the opposing atty. and ask for 10 more days...this request is usually granted.

If my office can be of assistance to you in Duval or Baker Cty., please give us a call. I have been handling Family Law cases for years (and have been through a divorce myself). Tom Rosenblum

Answered on 6/09/09, 11:33 am

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