Legal Question in Family Law in Florida
FL Divorce - procedure question - pro se
If you fail to file an answer to an ''answer with counterpetition'' to the original petition for divorce within 20 days, does that mean that the judgement can automatically go to the original respondent, just as it could if the resondant didn't answer to the petitioner within 20 days? My friend filed her own divorce papers and neglected to realize that she actually received an answer ''with counterpetition'', not just an ''answer'' to her original petition; unfortunately, she disagrees with almost everything in the answer and thought the next step was just fighting it in court with the judge, she didn't realize there was yet another version of an answer for HER to fill out... it's been past 20 days - is she really too late and just accidentally threw the divorce into her ex's favor? Please advise. The other party has not tried to set a hearing date or antyhing; he's under the impression she has to, does that buy her some time? Thank you!
4 Answers from Attorneys
Re: FL Divorce - procedure question - pro se
Failure to answer a counter petition within the time period could cause the court to view this failure as an agreement with the provisions of the counter petition. Your friend needs to file an Answer as soon as possible. Her husband will need to ask the Court to enter a default and that does buy her some time.
Re: FL Divorce - procedure question - pro se
Failure to answer a counter petition within the time period could cause the court to view this failure as an agreement with the provisions of the counter petition. Your friend needs to file an Answer as soon as possible. Her husband will need to ask the Court to enter a default and that does buy her some time.
Re: FL Divorce - procedure question - pro se
Failure to answer a counter petition within the time period could cause the court to view this failure as an agreement with the provisions of the counter petition. Your friend needs to file an Answer as soon as possible. Her husband will need to ask the Court to enter a default and that does buy her some time.
Re: FL Divorce - procedure question - pro se
Your friend is fine. Tell her to go ahead and file an answer to the counterpetition. At this point, the case is not "at issue" which means that the judge will not set it for hearing until she files the answer.
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