If a friendly deputy sheriff or process server has found you and served you with divorce papers, don’t fret. We can help.
First, it looks like your marriage may be over and time for you to get serious about the divorce. It’s possible your spouse tried to talk to you about it. Now it’s real and time to deal with it (can’t put it off any more!).
Second, there is a time deadline you must be concerned about. The summons, which is a court paper issued by the clerk of the court, requires you to file a formal response to the claims made against you in the petition for dissolution (the paper that asks for the divorce and other relief) with the court, within 20 days of your being served. If you let that deadline pass without filing a response with the clerk, the clerk of court could enter a default against you. A default means you may lose the ability to raise defenses, make claims or present evidence at trial. A judge can enter a default, too. A default will be followed by a final judgment after default, unless the judge sets aside the default if there is a legal basis to do so (that’s a discretionary call for the judge to make and must be based on a good legal reason, usually some type of excusable neglect on your part). You do not want a court clerk or judge to enter a default or final judgment after default against you in your divorce case unless you don’t care whether all of the relief requested by your spouse in the petition for dissolution is granted and made part of the judgment of dissolution by the judge.
We do not fight, but can still help get your case resolved and over with.
Virtually every court in Florida requires the parties to mediate (mediation is a process not an event) if a case is filed without a Marital Settlement Agreement in the file. If you were served with process (a summons and copy of the petition for dissolution) it’s a safe bet that there is no Marital Settlement Agreement in your case, yet. Our job is to help you find a way to get your divorce settled so you can avoid a costly and lengthy court fight, save yourself (and most importantly your children, if there are children of the marriage), your spouse, family and friends the grief that comes with a court fight (believe us, a court fight effects a lot of people, not just the two of you).
What we do…and what it costs…
After you hire us we will help you understand the legal issues you are faced with and help you analyze what a good resolution might be. If your spouse has a lawyer, we will try to negotiate a settlement. If not, we will give you the tools to try working it out directly with your spouse. If there are any sticking points, we will participate with you in the mediation process and try and resolve your case through mediation. If a settlement is reached at mediation, we will make sure the Marital Settlement Agreement reflects the agreement you made and follow the case until your final judgment is signed by the judge, which final judgment of dissolution should incorporate that marital settlement agreement, making it an order of the court.
If you have no minor children the flat fee is $649.
If you have minor children the flat fee is $749.
What about the formal response that needs to be filed within 20 days?
Good question: We prepare a notice of limited appearance as your lawyers. You will receive it as soon as you hire us and sign it, too, consenting to our representation of you. We file that with the court and serve a copy on your spouse or his/her lawyer. We ask for additional time for your formal response to be filed, holding the case in abeyance until we have had the chance to negotiate a settlement or to mediate. All reasonable lawyers will agree. If not, we will prepare a formal response for you to sign and file with the clerk of court on your own. This will have the effect of preventing a default and will give us more time to try to negotiate a settlement or mediate. We will be available to coach you through the process, should the other side not be reasonable.
Don’t fret. 97% of all divorce cases end up being resolved without a trial. It’s just a matter of where on the time line your case will fall. The cases that don’t settle oftentimes involve allegations of abuse, contentious child custody cases (again, usually involving some allegation of abuse) or lots of money (that’s not you, is it????). So, there’s a good chance your case will settle. We’re about finding the best and most cost effective way to do.
We can help you if you have been served with a divorce lawsuit. Call us now to start the process. You’ll be glad you did.
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