By Larry Schott, Florida Family Law Attorney  |  Schott & Tolchinsky, P.A.

Being served with divorce papers is one of those moments that stops you cold. Even if you knew this was coming, seeing your name on a legal petition makes it real in a way that nothing else does. The natural instinct is to panic, to react, or to do nothing and hope it goes away. None of those responses serve you well.

What you do in the days immediately after being served matters enormously. You have a specific legal deadline, specific rights, and specific steps to take. Understanding what they are and what mistakes to avoid puts you in the best possible position for everything that follows.

1. First: Read the Papers Carefully

The documents you were served with almost certainly include a Petition for Dissolution of Marriage and a Summons. Read both of them carefully before you do anything else.

The Summons tells you what you are required to do and by when. The Petition tells you what your spouse is asking for, including custody, property, alimony, and anything else they want the court to grant them. Read it without panic. Every petition asks for the maximum. That is standard legal practice, not a preview of what you will actually walk away with. Asking for everything in a petition does not mean your spouse will receive everything. It means they cannot receive anything they failed to list.

Once you understand what the papers say, you can start making informed decisions about how to respond.

2. Your 20-Day Deadline

The single most important thing to understand after being served is your deadline. You have 20 calendar days from the date you were served to file a written Answer with the Broward County Clerk of Courts. This deadline is firm.

Twenty days is not a long time. Use it wisely. You do not need to have everything figured out before you file an Answer. You just need to file a timely response that preserves your rights and puts the court on notice that you intend to participate in the proceedings.

3. What to Do Right Away

Here is what to focus on in the days immediately following service.

• Note the exact date you were served Write down the date and keep the envelope or any service paperwork. Your 20-day deadline runs from the date of service, not the date of the filing or when you first read the papers.
• Read the petition and summons in full Understand what your spouse is asking for and what the court is requiring you to do. Do not skip this step. Knowing what is in the petition is the foundation for every decision that follows.
• Contact a Florida divorce lawyer as soon as possible The sooner you have legal representation, the more time your attorney has to review the petition, advise you on your options, and prepare a thorough Answer. Many attorneys can see new clients within a day or two when there is a deadline involved.
• File your Answer before the 20-day deadline Your Answer admits or denies the allegations in the petition and may include a Counterpetition if you have claims of your own. Your attorney will prepare this for you, but if you cannot retain an attorney in time, file a pro se response rather than letting the deadline pass.
• Start gathering your financial records You will need these for the mandatory financial disclosure process. Getting ahead of this now saves time later and reduces the risk of important documents disappearing once the divorce is underway.

4. What Not to Do

The mistakes people make in the days after being served are often the ones that hurt them most in the divorce. Here is what to avoid.

• Do not post anything on social media This is one of the most commonly overlooked and most damaging mistakes people make during a divorce. Every post, photo, check-in, comment, or message you publish on any platform can potentially be used against you in court. A photo showing you on a vacation can be used to challenge an alimony claim. A post venting about your spouse can be used to paint you as hostile in a custody dispute. A check-in at a restaurant can undermine a claim of financial hardship. Delete or lock down your profiles immediately and stay off social media for the duration of the divorce. Opposing counsel routinely searches social media during discovery.
• Do not move, hide, or transfer marital assets Once a divorce is filed, both parties have an obligation to preserve marital assets. Moving money, transferring property, or liquidating accounts in anticipation of the divorce can constitute dissipation of marital assets. Courts take this seriously and can compensate the other spouse by awarding them a larger share of the remaining estate.
• Do not ignore the papers or wait to see what happens There is no neutral ground here. Failing to respond has direct and serious legal consequences. The longer you wait, the fewer options you have.
• Do not communicate with your spouse about the divorce without legal guidance Anything you say to your spouse, whether in person, by text, by email, or by voicemail, can be used as evidence. Even statements made with good intentions can be taken out of context and presented to a judge. Let your attorney handle direct communications about disputed issues once the process is underway.
• Do not make major financial decisions without consulting a lawyer first Paying off a large debt, opening or closing accounts, or making significant purchases while the divorce is pending can have consequences for the equitable distribution process. Get legal advice before making any financial moves.
• Do not use the children as messengers or involve them in the conflict Courts evaluate parental conduct throughout the divorce process when determining time-sharing arrangements. A parent who involves children in adult disputes, makes negative comments about the other parent in front of the children, or attempts to use the children to gather information or communicate with the other spouse will be viewed unfavorably.

5. Gather Your Financial Documents

Within 45 days of service, you will be required to complete and exchange a sworn Family Law Financial Affidavit detailing your income, expenses, assets, and liabilities. Getting ahead of this requirement now saves you time and stress later. It also ensures that important records are secured before they have any opportunity to disappear.

Collect and make copies of the following:

• The last 3 to 5 years of federal and state tax returns
• Bank statements for all accounts, both individual and joint, for the past 2 to 3 years
• Credit card statements
• Mortgage statements and deed or title to any real property
• Vehicle titles
• Investment and brokerage account statements
• Retirement account statements including 401(k), IRA, pension, and deferred compensation plans
• Life insurance policies, including any with cash value
• Business financial records if you or your spouse own or have an interest in a business
• Any prenuptial or postnuptial agreements
• Social Security statements

Store copies somewhere your spouse cannot access them, such as a secure cloud account, a locked filing cabinet at work, or with a trusted family member. Documents have a way of becoming unavailable once a contested divorce is in progress.

6. Find the Right Divorce Lawyer

You do not have to have an attorney to respond to a divorce petition in Florida, but having one is strongly advisable in almost every situation involving significant assets, children, alimony, or a spouse who is already represented by counsel.

If your spouse has hired a lawyer and you have not, you are negotiating against someone with professional legal training on their side. That imbalance affects every conversation, every document, and every decision made throughout the case.

When looking for a divorce attorney, look for someone who practices family law regularly in Broward County, who is transparent about how they bill, and who takes the time to actually explain your rights and options rather than just telling you what to do. The attorney-client relationship in a divorce is a close one. You need someone you can communicate with honestly and who understands your priorities.

Larry Schott has practiced family law in Broward County for over 30 years. He offers free consultations for people who have been served with divorce papers and can help you understand exactly where you stand and what your options are. See our full guide: Working With a Florida Divorce Lawyer.

7. What If You Already Missed the Deadline?

If 20 days have passed and you did not file an Answer, your spouse may have already moved for a default judgment, or one may have already been entered. This is a serious situation, but it is not necessarily irreversible.

Florida courts have the authority to vacate a default judgment under certain circumstances. Under Florida Rule of Civil Procedure 1.500(d) and Rule 1.540(b), a court can set aside a default or final judgment obtained by default when the defaulting party can demonstrate excusable neglect, surprise, or mistake and shows a meritorious defense to the petition.

What counts as excusable neglect depends on the facts. Courts have vacated defaults in situations where the served party was seriously ill, was out of the country, never actually received the papers due to improper service, or relied in good faith on incorrect information about the deadline. Simply forgetting or assuming the divorce would not proceed without your involvement generally does not qualify.

If a default has been entered against you, the steps are:

• Contact a Florida divorce lawyer immediately. Time matters and delays make the motion harder to win
• Your attorney will file a Motion to Vacate Default, supported by a sworn affidavit explaining the reason the deadline was missed
• The motion must show both excusable neglect and a meritorious defense, meaning you have legitimate legal arguments about the terms of the divorce that deserve to be heard
• If the court grants the motion, the default is vacated and you are given an opportunity to file your Answer and participate in the proceedings

Vacating a default is possible but not guaranteed. The sooner you act after missing the deadline, the better your chances of getting back into the case. Every day of additional delay works against you.

Related Articles:

• Step-by-Step Guide to Getting a Divorce in Broward County
• Contested Divorce in Florida
• How to Divide Marital Assets in Florida During a Divorce
• Working With a Florida Divorce Lawyer
• What to Know Before You File for Divorce in Florida