My ex has filed a counter-petition for the dissolution of marriage in FL. What is the time frame for me to a actually receive this? Also, does it need to be served? If so, is there a time limit for this to be served?
Dear Anonymous:
I assume that you are not divorced, so it is still your "spouse" not "ex" who filed. However, for your sake, hopefully he/she will be an "ex" soon. I also assume that you filed the petition for dissolution in Florida since a counterpetition is a response to that petition.
A counterpetition may be served by mail in Florida (if you are unreprsented or your spouse is unrepresented) provided that the parties have not agreed to e-service. I am not sure how you know a counterpetition was filed if you've not received it. However, a counterpetition is due 20 days from when the petition was served on the other party. So, if you know when the spouse was served, count 20 days and an answer should have been served and delivered to you along with a counterpetition. If no answer, you can move for a default with the court. I'd check the court on-line docket- if available in your county, because sometimes people "forget" to send a copy to the other party and just file with the court.
I hope this helps.
Best regards,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward: 954-316-3496
Boca Raton: 561-962-2785
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