When a marriage breaks apart and goes through a legal separation phase, it brings along a chaotic time for all parties involved, regardless of the instances leading up to that moment. The challenging process marks a new territory often filled with confusing times of particular complications to the party getting served with a summons and a petition. If you happen to be experiencing this situation and aren’t sure of how to respond and what to do next, you should start by looking for specialist attorneys in divorce settlements and family law. When in need of divorce lawyers in Miami free consultation services are a great opportunity you can’t refuse, especially when coming from renowned legal firms like Arturo R. Alfonso, P.A., which is your best choice in the area to get legal representation, advice, and a reliable set of options to move forward with the separation case.


After Being Served, What Should You Do? 

Considering the petition contains the requests asked by the spouse or domestic partner (the petitioner) from the divorce and the summons details information regarding the legal rights and conditions in force during the divorce process, the first thing you should do is go through each document with immaculate care. 


You must be able to familiarize yourself with the notices declared in the summons, which clearly state the family law restraining orders in effect for the length of the case and the applicable fee waiver. 


The second thing you should do is find out what are your legal options to proceed. When in need of divorce lawyers in Miami free consultation services are always a helpful way to find legal support and advice.


What Options Do You Have to Respond to the Legal Separation Petition? 

There are two possible actions (with different implications) to consider after being served:

  • Do nothing 
    • Option 1: it’s legally referred to as true default because you agree with the terms asked by the petitioner and will wait for the judge to make the final decision based on the request of the spouse or domestic partner.
    • Option 2: it’s also a defaulting legal mechanism differentiating in the fact you already have a written and notarized agreement with the spouse or domestic partner about the terms of the divorce.
  • File a response to the court
    • Option 1: you are seeking to reach an agreement with the petitioner about all issues. This filing action is known as Uncontested.
    • Option 2: unlike the previous option, in this contested filing, you can state disagreement with the requests of the petitioner.   


If you chose to file a response, you must do it within 30 days of receiving the summons and petition. 



Contact Us

When in need of divorce lawyers in Miami free consultation services are the best option you can count on. Contact Arturo R. Alfonso, P.A. today. As a practice, the firm has more than 25 years of experience handling successfully family law cases and divorce settlements, reaching the best legal separation terms you need.