DIY Divorce asked for your Florida family law questions last week. The top question asked was, "Should I file first?" Believe it or not, the answer is that in Florida it doesn't really matter much whether you are the Petitioner or Respondent.
We're a no-fault state so you don't have to prove your spouse has done something wrong. The the only grounds for divorce (dissolution of marriage) in Florida are that
- your marriage is irretrievably broken
- your spouse has been declared legally incompetent for 3 years or longer
Back in the days you had to prove fault, being a Petitioner was expensive. That's not true today.
So here are three points to consider about being the first to file a Florida divorce:
- The Petitioner pays the filing fee and attends the final hearing.
- The date the Petition is FILED with the court is the cut-off date for marital assets. (There's lots of fine print with this point!).
- Hearings are set based on the judge's schedule so being the Petitioner doesn't give you any advantage in setting hearings
If you're served with a petition, don't panic. As you can see, there's not really an edge to the Petitioner. However, if you are truly concerned that your Petitioner spouse may drop the case, you should pay the fee and file a counter-petition with your answer. A Florida divorce counter-petition is a separate case-within-a-case. You'll be the Petitioner in the that one and can move the counter-petition forward, no matters what your spouse does (or doesn't do).
So consider these 3 points before making your decision about whether you should be the first to file a divorce petition in Florida.
Related Posts:
8 Documents You Need to File a Florida Divorce
Serving a Florida Divorce Petition
Served With a Florida Divorce Petition?
Your Responsibilities When Representing Yourself in Florida Divorce