I am the petitioner and filing for the dissolution of marriage where me and my spouse will have a written agreement, there are NO minor children common to both parties, and there is debt from my spouse. My question is how long do I have to give the paperwork to my spouse after I notarize my part? and does he have a time limit to fill and notarize his part?
If you are filing a simplified dissolution and nothing has been filed, it is whenever you decide to respectively execute the document. If you are not filing for simplified dissolution and you file, he must be served and will have 20 days to respond to your petition.
Divorce / Separation Lawyer
Since the case hasn't been filed yet, there are no time limits with the exception that if you wait awhile the paperwork may get stale. Depending on the Court's preference, you might be asked to redo the paperwork again. If you are concerned that he is delaying things, you can file and have him served the papers and he will have 20 days to respond.
Ms. Demapan and Ms. Gerber are correctly pointing out that until a law suit is filed there are no time requirements, either for you or for your spouse. You can wait forever, and so can he. The only time there is a time requirement is when the case starts--you have 120 days to have your spouse served process, and then he will have 20 days from the date of service of process to make a response. The only other automatic time requirement that I can think of is that within 45 days from the date of service that you exchange documents [See Rule 12.285 Florida Family Law Rules of Procedure]...oh, and another--if there is no case activity for 10 months then the case could be subject to dismissal. So, those are the major "automatic" time requirements once the case is filed. Until then, there is no clock ticking.
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Divorce / Separation Lawyer
If you have not filed your case yet, there is generally no timeline, but you should have him sign as soon as possible to avoid incurring further marital liabilities. Generally, you and your spouse are jointly liable for debt either of you incur from the date of marriage until the date of filing the petition for divorce. If you already filed a divorce case, the court imposes deadlines on you to file papers. Usually, as the petitioner, you have 120 days after filing to have the other party served with the papers. If you do not do so, your case may be dismissed. Best of luck to you.
An attorney-client relationship shall not be formed due to the response to the asked questions. The suggestions made are intended to inform and not advise and are based upon general statements of PA or FL laws as applicable and specific events or facts may alter the law. You should contact an experienced PA or FL family law attorney (as applicable) for specific legal advice regarding your issue.
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Criminal Defense Attorney
You cannot notarize your own signature. There is no set time limit here but it should all be accomplished in a reasonable amount of time.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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