What to Do If You’ve Been Served Divorce Papers in Florida

Step 1: Do Not Ignore the Divorce Petition

Florida law allows you 20 days from the date of service to respond to the divorce petition. If you ignore the paperwork or miss the deadline, your spouse can request a default judgment, allowing the court to approve their requests without any input from you. This could include decisions about:

• Child custody and time-sharing
• Alimony and child support
• Division of marital property and debt
• Living arrangements
• Letting the court move forward without your involvement could have life-altering consequences, so act fast.

Step 2: Read the Divorce Petition Thoroughly

The divorce petition (also known as the Petition for Dissolution of Marriage) outlines your spouse’s requests to the court, including:

• Parenting plans and custody preferences
• Proposed division of assets and liabilities
• Requests for alimony or spousal support
• Temporary relief (such as exclusive use of the marital home)

Read every section carefully—even if it’s upsetting. Make notes of anything you don’t agree with or don’t understand, and bring them to your consultation with a divorce attorney.

Step 3: Contact a Clearwater Divorce Attorney Immediately

The legal process moves quickly, and the sooner you have representation, the better. An experienced family law attorney can help you:

• File a timely and proper response
• Negotiate favorable terms before things escalate
• Protect your rights as a parent and spouse
• Ensure all deadlines and court requirements are met

Attorney Gino A. Megna, based in Clearwater, has spent decades helping individuals throughout Pinellas, Hillsborough, and Pasco Counties navigate even the most difficult divorces. From contested litigation to collaborative divorce, he provides the personal attention and strategic experience you need.

Step 4: Start Gathering Financial and Personal Records

Documentation is everything in a divorce case. Begin organizing:

• Tax returns (past 3–5 years)
• Bank statements and credit card records
• Pay stubs and employment contracts
• Mortgage and vehicle loan documents
• Insurance policies
• Prenuptial or postnuptial agreements (if applicable)

Also, gather evidence related to parenting or disputes—such as emails, texts, or social media messages—especially if you’re seeking custody or contesting claims.

Step 5: Stay Off Social Media

One of the most overlooked mistakes people make after being served is posting about the divorce on social media. Even if your settings are private, nothing online is truly private—screenshots and subpoenas can bring those posts into court.

Avoid:

• Talking about your spouse or the case
• Posting photos with new romantic partners
• Flaunting purchases or vacations
• Sharing content that could paint you as unstable or irresponsible
• Everything you post can be used against you. When in doubt, log out.

Step 6: Prepare for Temporary Hearings

In Florida, your divorce case may include temporary relief hearings to address important matters while the case is ongoing. These hearings can establish:

• Temporary child custody and visitation
• Temporary child support or alimony
• Exclusive use of the marital residence
• Restraints on financial accounts or asset transfers

Even though they’re temporary, these orders can set the tone for your entire case. Having a persuasive attorney by your side during these early hearings is essential to protecting your long-term interests.

Step 7: Protect Your Children (and Yourself)

If children are involved, your top priority should be their well-being. Florida courts expect both parents to act in the child’s best interests, so avoid talking negatively about your spouse in front of the kids, involving them in adult conversations, or using them as messengers.

If you’re in a high-conflict or abusive situation, talk to your attorney about options such as:

• Injunctions for Protection (Restraining Orders)
• Supervised visitation
• Temporary orders for exclusive possession of the home

McGuire Law Offices, P.A. can assist in securing protective orders and ensuring a safe, stable path forward.

Step 8: Understand Florida’s Equitable Distribution Laws

Florida is an equitable distribution state, which means that the court will divide marital property in a way it deems fair—not necessarily 50/50. Factors include:

• Length of the marriage
• Each spouse’s financial contribution
• Sacrifices for child-rearing or career support
• Misconduct (e.g., dissipation of assets)

This is where professional legal help matters most. If your spouse is hiding assets or trying to claim more than their share, you’ll need a seasoned divorce attorney to investigate and advocate effectively.

Step 9: Think Long-Term—Not Just Emotionally

It’s natural to be angry, hurt, or emotional after being served divorce papers. But emotional reactions—especially in court—can cost you. The legal process is about strategy, not payback.

Instead of focusing on “winning,” focus on:

• Protecting your financial future
• Preserving your parental rights
• Creating a parenting plan that serves your child
• Negotiating terms that allow you to move forward with peace

Gino A. Megna can help you separate emotion from action and build a results-focused legal strategy.