Divorce by Summons in Florida: What You Need to Know
Going through a divorce can be overwhelming, but understanding your options can make the process smoother. In Florida, one of the methods for initiating divorce proceedings is known as “Divorce by Summons.” Here’s a straightforward guide to help you understand the process and why working with our experienced team can make a significant difference.
Step-by-Step Guide to Divorce by Summons
4 Steps to get a Divorce by Summons
Step 1 – Filing the Petition
The process begins when one spouse files a “Petition for Dissolution of Marriage” with the Florida court. This document outlines your desire to end your marriage and details related matters, such as child custody, asset division, and financial responsibilities.
Step 2 – Issuing the Summons
Once the petition is filed, the court issues a summons. This legal notice informs the other spouse (the respondent) that divorce proceedings have begun and explains how they should respond.
Step 3 – Serving the Summons
The summons must be formally served to your spouse by an authorized individual, such as a sheriff or professional process server. Proof of service is required to proceed.
Step 4 – Responding to the Summons
After receiving the summons, your spouse has 20 days to respond. If they fail to respond within this time, you can pursue a default judgment, allowing your divorce to proceed without their direct involvement.
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Navigating divorce paperwork and court procedures can be confusing and stressful. Our expert team specializes in simplifying the divorce by summons process, ensuring accuracy and efficiency at every step. Here’s why clients trust us:
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Frequently Asked Questions
Besides getting my spouse served, are there other easier options?
Yes! If you are both in agreement with the divorce then you can choose to file in mutual agreement. We have a no court hearing option that is done in less than 45 days. For more information request a quote.
What if I do not know where my spouse lives or work?
Then you cannot get divorced by summons. You will need to get what is called a divorce by publication also known as default divorce. If you have no children or joint assets then we can help you get it done within 90 days without a court hearing.
How can I get the court filing fee waived?
The Florida Supreme Court implemented a court filing fee waive program where people considered indigent can apply and get the court filing fee waived. For the qualifications click here: court filing fee waiver
How long does a divorce by summons take?
It could take from 3 months to a year and even longer. It depends on what the other party does after he/she gets served and when the final hearing is scheduled by the JA.
What if my ex does not respond to the divorce papers?
Then a default can be entered. This entails filing paperwork asking the clerk of court to certify that the respondent (your soon to be ex) has not filed an answer. After that the JA (judge assistant) should schedule a final hearing where you will most likely get divorced.
What if my ex responds and files a counterpetition?
In this case you will most likely be referred to mediation by the judge. You will be attending a court appointed mediation session where a neutral party will try to get you guys to reach an agreement. Once the agreement is reached the mediator will file the report and the JA will schedule a final hearing where you will get divorced.
Can I get my divorce paper even if I don’t go to the final hearing?
No. If you fail to attend the final hearing your case will be closed. You wil need to start all over again.
What if my ex and I reach an agreement after he/she got served?
That will expedite your case as long as your ex files an answer, a notice of social security and if needed you file a Marital Settlement Agreement. You can request to get the final hearing scheduled and then you will be divorced.
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Disclaimer
We are not divorce attorneys and do not provide legal advice. Please contact a divorce lawyer to get your legal questions answered. Nothing on this website can be considered legal advice.
More Resources
https://www.adifloridaprocess.com/services/process-servers/how-to-serve-divorce-papers-in-florida/
https://www.divorcenet.com/resources/filing-for-divorce/florida.htm
For free divorce forms: https://www.flcourts.gov/