I had legal aid to help me respond to the divorce papers served. When preparing them we decided to go with a counter petition because of certain incidents and the relationship that was documented. My question is what is the next step? Because the lawyer had me to mail his papers at the same time as filing the counter petition. So being that he was not served and it was mailed how long do they have to respond or what could I do next
If you qualified for legal aid, they should assist you with the process. The other side would file an answer to the counterpetition then you would need to exchange disclosure and possibly attend mediation and if you are unable to reach an agreement, you would ultimately have a trial.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
He has 20 days after the date of filing. If you are filing by mail, then you add 5 days to the service time, so he has 25 days from the day you mailed it. You should send it via certified mail to be able to prove when it was mailed.
As for the next step, he has to respond to your petition (like you did to his) then it case is at issue and eligible to go to trial. Also, within 45 days, you of receiving service, you both have to provide each other with mandatory disclosure. (look up compliance with mandatory disclosure in florida for the form, or ask the clerk that helped you with it for that information)
You can try going to mediation first to see if it can be resolved, and if not, like the other attorney said, you go to trial. Before trial, you may want to request documents and information from him to help prove your case. Good luck!
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