Hoffman, Larin & Agnetti | Over 40 Years Representing South Florida Families
Few moments rearrange a life faster than opening the door to a process server. Whether you saw it coming or not, the petition in your hands has started a clock — and that clock does not pause while you process the shock.
Under Florida Family Law Rule 12.140, you have 20 calendar days from the date you were served to file a written response. Not 20 business days. Not 20 days from when you feel ready.
Why This Is Not a Do-It-Yourself Moment
There is one narrow situation in which handling a divorce response without an attorney makes sense: a short marriage, no children, no shared property, no retirement accounts, no real estate, and full agreement between the spouses on every issue.
If even one of those does not apply to you, attempting to respond on your own puts you at a significant disadvantage. The petition you received was drafted by someone — most likely your spouse’s attorney — who is trained to frame the case in your spouse’s favor. The response is not a form to fill out. It is a strategic document that locks in your legal position on property, debt, support, and parenting for the entire case.
The information below is meant to help you understand what is happening and prepare for an early conversation with a family law attorney — not to walk you through filing on your own.
What “Responding” Actually Means
A proper response to a divorce petition is one of the following:
- An Answer — formally responds to each allegation in the petition.
- An Answer and Counterpetition — responds and adds your own affirmative requests for relief.
- A Motion to Dismiss — when there is a legal defect in how the case was filed or served.
Which one is right for your case depends on facts that are not obvious from reading the petition alone. That determination is part of what an attorney does in the first meeting.
What Happens If You Miss the Deadline
Your spouse can ask the clerk to enter a default against you. The case then proceeds without your input. The judge considers only your spouse’s version of the property division, parenting plan, and support requests.
We have seen clients lose home equity, end up with time-sharing schedules they would never have agreed to, and get ordered to pay alimony based on inflated income figures — all because the 20-day window passed without a response on file. Setting aside a default is possible in narrow circumstances, but it is far more expensive and uncertain than responding on time.
The Other Deadline Most People Miss
The 20 days are not the only clock running. Under Rule 12.285, both spouses must complete mandatory financial disclosure within 45 days of service — sworn affidavit, tax returns, pay stubs, account statements, and more. If you share minor children, you also must complete the state-approved parenting course within 45 days.
These deadlines run at the same time. Nothing is paused.
What to Do This Week
The goal of the first week is not to handle the case yourself. It is to protect your position and arrive at your first attorney meeting ready to make informed decisions.
- Save the petition and note the date of service. Keep everything together in one place.
- Read the petition carefully and write down your questions. Note what your spouse is asking for and what you disagree with.
- Begin gathering financial documents. Recent tax returns, pay stubs, account statements, mortgage information, and retirement balances. Your attorney will need these immediately.
- Do not move money, sell assets, or close joint accounts. Florida courts take a dim view of this, and many counties enter standing orders prohibiting it.
- Be careful with texts, emails, and social media. Anything created after service can — and often does — become evidence.
- Contact a Florida family law attorney as soon as possible. Twenty days passes quickly, and most attorneys need time to review the petition, evaluate strategy, and prepare a proper response.
If the Petition Includes Emergency Requests
Look for words like temporary relief, injunction, exclusive use, or ex parte. If any of these appear — or if there is a hearing date already on the calendar — the timeline tightens dramatically. These matters require legal representation in days, not weeks.
A Word on Defaults
Some people consider letting the default happen because they don’t want to fight, can’t afford to litigate, or just want it over. We understand the impulse. It rarely produces the outcome people hope for.
Even when both spouses agree on most issues, the response is what preserves your standing to address property valuations, debt allocation, retirement division, and parenting details as the case develops. Defaults close doors. Properly filed responses keep them open.
The Bottom Line
Twenty days is enough time to respond carefully and strategically — but only with experienced counsel guiding the process. The decisions made in the next three weeks will shape your finances, your housing, and your relationship with your children for years.
Hoffman, Larin & Agnetti have guided South Florida families through simple and complex dissolutions for more than 40 years. Offices in North Miami Beach, Fort Lauderdale, Key West, and Islamorada.
Call us 24/7 @ (305) 653-5555.
Text us @ (305) 653-1515
Email us @ [email protected]
or Fill out the form on this page and one of our experienced family law attorneys will reach out to you.
The 20 days started the moment you were handed those papers.
