what happens after i file an answer to modify parent child relationship
Filing a Counter-Petition and Reply to the Divorce Petition
If you've been served with divorce papers, you may exist wondering what sort of action yous need to take now. Do you lot simply accept the filed divorce petition every bit your spouse has information technology? Or do you need to file paperwork of your own? What many people don't know is that there are two types of forms you can file in response to a Petition for Dissolution of Union: an Answer to the Petition, and a Counter-Petition for Dissolution of Matrimony. Hither's what you need to know about these forms and their role in your divorce.
The Answer to the Petition
When you receive a Petition for Dissolution of Spousal relationship, you need to file a written response with the court. This is basically a written detect of your positions on each paragraph or statement in the filed Petition. Essentially, it is your opportunity to agree to, object to, acknowledge to, or deny what is being stated or requested by your spouse.
Many people may file the Answer, believing this is enough to protect themselves throughout the divorce proceedings. However, from a legal standpoint, this may not always be true, and it is usually best to file both an Answer and a Counter-Petition.
Counter-Petition for Dissolution of Marriage
While the Answer to your spouse'southward Petition may allow you to agree to or object to the requests they've outlined in the initial Petition, it does not allow you to outline your own requests to the court. This is where a Counter-Petition comes in. The Counter-Petition allows yous to outline your requests for "affirmative relief," or what you would like to see happen in regards to the various bug and categories that make upwardly your case.
If you don't file a Counter-Petition, and yous can't reach a settlement understanding with your spouse outside of court, your divorce instance will go to trial. If this happens, and you accept not filed a Counter-Petition, it becomes much more hard to present your side of the instance to the judge, and you lot may find it harder to brand item requests regarding the problems of your divorce example.
For case, let'southward say your spouse requests pension in their initial Petition. You lot file an Respond stating that you disagree, and don't believe you should exist paying pension to them. While this might give you lot the opportunity to argue against making alimony payments, it doesn't provide you lot with the opportunity to request alimony of your own.
Such a request—besides as requests pertaining to possession of the marital dwelling, division of holding, and and then on—would be fabricated in the Counter-Petition. While failing to file the Counter-Petition doesn't necessarily eliminate your ability to make such requests, it can make the process much more than difficult.
Child Custody Problems
It'due south important to notation that issues pertaining to child custody, visitation, parenting plans, and and then on, are non subject area to the rules mentioned above. Regardless of whether y'all file only an Answer, or a total Counter-Petition, the judge is still required to consider the best interests of the child or children.
Then, even if yous didn't file a Counter-Petition stating that you would like to have full custody of your children, the estimate will nonetheless consider all aspects of your case, and your and your spouse's lifestyles, to determine what the best custody arrangement will exist for the children.
When and How to File
Florida law requires you to file a written response to a Petition for Dissolution of Union within twenty days of being served. This should give y'all enough time to find a divorce attorney and go over the statements and request made in your spouse's Petition.
In one case yous have done this, nosotros strongly recommend that you file both an Answer to the Petition, equally well as a Counter-Petition. Usually, it is simplest and easiest to file both of these documents at the same time. These forms can be filed at a Florida Clerk's office, and in that location is a filing fee associated with a Counter-Petition, which is due at the time you lot file your paperwork.
If you've been served with a Petition for Dissolution of Union, please contact our police force business firm correct away. Our experienced divorce attorneys volition become over the Petition with you in great particular, so help y'all to complete an Reply to the Petition, also every bit a Counter-Petition to ensure that your rights and your assets are properly protected throughout the divorce proceedings. Contact us today to set up an appointment with an attorney.
Source: https://harrlawfirm.com/news/filing-a-counter-petition-and-answer-to-divorce-petition/
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