It is not uncommon for clients to have mixed feelings about Answering a Petition for Dissolution of Marriage (or Divorce) filed by their spouse. Many clients are still hopeful that their marriage can be saved. Some of the language necessary to answer the Petition seems very harsh and final. They fear that their filing the Answer and Counter-Petition will send a message of finality to their spouse that they are not ready to send.
However, in order to protect your rights, you must file an Answer to the Petition within 20 days of having been served. Not answering could mean that a Default will be entered (see Florida Divorce and Motion for Default Blog posted on January 17, 2013.) If that happens, you may no longer object to the terms of the divorce as stated in the Petition. Your spouse may ask the judge to schedule a hearing and enter an Order on Dissolution of Marriage that grants all the requests in their Petition. This could have a profound effect on you financially. If there were children born of the marriage, the consequences could be even more devastating.
When you are conflicted about whether or not to answer a Petition for Dissolution of Marriage, remember that, if you and your spouse decide to reconcile, both the Petition and your Counter-Petition can be dismissed. However, not answering could mean the loss of your rights. Discuss this and any other concern you may have regarding your divorce with your experience divorce lawyer. If you have not made the important decision regarding an attorney and would like to schedule an initial consultation with Attorney Wade P. Luther, please call (407) 835-9900 or email Family Law of Orlando.