Legal Question in Family Law in Florida
I filed a petition and my wife lawyered up and filed a counter petition. I can't afford an attorney so I have to stay pro se. We were ordered to mediation but I only have 20 days to file an answer to the counter petition. Do I submit an answer or have a mediator take over? in which case, am I still bound by 20 days to submit an answer and how/who would complete the paperwork?
2 Answers from Attorneys
Your answer screams out that you are way in over your head. Neither the Court, nor the mediator, are going to represent you. If you do not timely file an answer, her attorney may seek a default.
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.
If there are minor children involved, and/or substantial assets (money, real property, retirement accounts, ect....), you will be a fool to proceed without an attorney. This caveat also applies if she is seeking alimony. Do what you have to, because if you proceed without the assistance of counsel, you will not be entitled to a �do over� if things go badly.
If you can't retain an attorney, then Google Florida Family Law Forms. The FL Supreme Court has a self help section with some forms.
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The mediator does not "take over". If you are representing yourself you must comply with court procedure, no exceptions. You should get a lawyer. I can do a payment plan, contact my office 727-446-7659