What Happens After You’re Served Divorce Papers in Miami
Being served with divorce papers is jarring—even if you knew it was coming. The document you received is a Petition for Dissolution of Marriage, and it triggers specific deadlines and procedures under Florida law that are typical of a contested divorce in Florida.
What you do in the first few days matters. We’ll explain your obligations, your rights, and the steps to take after being served divorce papers in Miami-Dade County.
The First 72 Hours: What to Do
- Read the petition carefully. The petition outlines what your spouse is requesting: property division, alimony, parental responsibility, time-sharing, and child support. These are initial requests, not final orders, but they frame the issues the court will address in your Florida divorce case.
- Note the service date. Your response deadline is calculated from the date you were served, not the date the petition was filed. Write down the exact date you received the papers.
- Do not ignore it. Failing to respond within the deadline can result in a default judgment, meaning the court may grant your spouse’s requests without your input.
- Gather important documents. Start collecting financial records: tax returns, pay stubs, bank statements, mortgage documents, credit card statements, and retirement account statements. You will need these for the mandatory financial disclosure.
- Consult with an attorney. Even if you ultimately handle parts of the case yourself, understanding your rights and obligations early helps you avoid mistakes down the road.
Your Response Deadline
Under Florida law, you have 20 days from the date of service to file a written response with the court. If you were served by publication (because you could not be located), the deadline may differ.
Missing this deadline can result in a default judgment. In a default, the court may grant the divorce without your participation, award your spouse the relief requested in the petition, and establish custody, support, and property terms without considering your position.
If you need additional time, you may be able to request an extension, but this requires filing a motion before the deadline passes.
What to File: Answer or Counter-Petition
An ‘Answer’ responds to each allegation in the petition, admitting or denying the statements made. Filing an ‘Answer’ preserves your right to participate in the case.
If you have your own requests—different custody arrangements, a different property division, or a request for alimony—you file a Counter-Petition along with your answer. This puts your position before the court. In most cases, respondents file both an Answer and a Counter-Petition.
What Not to Do
Do not move money or hide assets. Many Miami-Dade divorce cases are subject to a Standing Family Law Order that restricts both parties from transferring, hiding, or dissipating marital assets once a case is filed. Violating this order can result in sanctions and damage your credibility with the court.
Do not move out without a plan. Leaving the marital home can affect temporary custody arrangements and your claim to the property. Before making any major moves, understand the implications for your case.
Do not make major financial decisions. Avoid large purchases, taking on new debt, or making significant changes to insurance policies. These actions can complicate property division in your divorce case and may be viewed as dissipation.
Do not badmouth your spouse to your children. If children are involved, courts evaluate each parent’s willingness to support the child’s relationship with the other parent. Negative comments can affect custody evaluations.
Do not post about the divorce on social media. Anything you post can become evidence. Photos, comments, and check-ins may be used to challenge your claims about finances, parenting, or conduct.
Maintaining Stability (Especially with Children)
If you have children, maintaining their routine is important, both for their well-being and for how the court views stability. Continue following existing schedules for school, activities, and time with each parent.
Do not unilaterally change child custody arrangements. If the petition includes requests about parental responsibility and time-sharing, those are proposals, not orders. Until the court enters temporary orders or a final judgment, both parents generally retain equal rights.
If you have questions about your child custody agreement or safety concerns, consult with an attorney about seeking a temporary order or protective injunction.
Preparing for Your Attorney Meeting
If you decide to consult with a divorce attorney, bring the petition and all documents you were served. In future meetings, you want to be able to provide your marriage certificate, any prenuptial or postnuptial agreements, recent tax returns (last 2-3 years), pay stubs and proof of income for both spouses (if available), bank and investment account statements, mortgage and property records, credit card and debt statements, information about retirement accounts, and any existing court orders.
The more information you provide during the case, the more accurately the attorney can represent you and your interests.
Frequently Asked Questions
Do I have to move out after being served?
No. Being served with divorce papers does not require you to leave the marital home. Both spouses typically have equal rights to remain in the home until the court orders otherwise or the parties agree to a different arrangement. Absent issues of domestic violence, we do not encourage our clients to leave the marital home.
Can I ignore the divorce papers?
You can, but you should not. Ignoring the petition results in a default judgment, which means the court can grant your spouse’s requests without your input. You lose the opportunity to present your side and request your own relief.
What if the information in the petition is wrong?
Your Answer is the place to dispute inaccurate allegations. Deny any statements that are incorrect and provide your version of the facts in your Counter-Petition if needed.
What if I cannot afford an attorney?
If you cannot afford representation, you may be able to seek a fee award requiring your spouse to contribute to your attorney’s fees. Florida Statute § 61.16 allows courts to order one party to pay the other’s fees based on financial need and ability to pay. At Vasquez de Lara Law Group, we offer multiple payment plan options depending on your situation – call to know your options.
About the Author
Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.
A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.
Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.
Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.
Connect with Vanessa:
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