What Happens When You’re Served With Family Law Papers in Florida
Being handed legal paperwork can be disturbing. It can get even more distressing if it’s for divorce, custody, or support-related issues. The truth is, being served simply acknowledges the filing of legal action and gives you the opportunity to respond. This is the way in which Florida courts inform you of the filing of legal action against you.
Knowing what to expect can help you remain calm and look out for your interests.
What does “being served” really mean?
Service of process refers to the legal delivery process that ensures all parties receive appropriate notification. Sometimes, service for a case involving family law includes a petition, a summons, and other legal documents.
The service of process could be done through a sheriff, a private process server, and less often, through certified mail or publication. Service of process does not necessarily mean that you lost a case in court. It only means that one was filed.
Common family law documents you might receive
The paperwork you’re required to fill out depends on the type of case being filed. It usually includes the following:
- Petition – This describes what the opposing party asks of the court (divorce, child, or spousal support, visitation rights, etc.).
- Summons – This is the notice that tells you the time within which you must respond to the petition and the consequences that you could face for not responding to the petition.
- Financial affidavits/notices – These can discuss schedules of impending disclosure obligations.
- Motions – These are requests for interim relief, such as custody or support. A custody or support motion can be used for various purposes.
It’s important to read through these documents carefully, even when the charges appear to be untrue or exaggerated.
Deadlines matter a lot
Generally, in most Florida family law cases, you have 20 days from the time of service to file any responsive pleadings with the court. Failure to do so can result in a default judgment, which means the other person’s requests will all be granted by the court without ever hearing your side of the story.
Even in those situations where you think the matter can be resolved outside the law, you should never dismiss the papers served to you.
What you should and shouldn’t do next
After you’re served, you should:
- Not panic or act out of emotion
- Not contact the other party to fight over the case
- Not disregard deadlines or paperwork
- Obtain financial information
- Contact a St. Petersburg family law attorney as soon as possible
A divorce attorney can assist you in understanding your rights, help you draft a response, and ensure that you don’t make any mistakes that could prove damaging later.
Talk to a St. Petersburg, FL, Family Law Attorney Today
The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents during their divorce. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
