Jacksonville Divorce Lawyer Blog

The demise of death benefits in a Florida divorce. The Florida Supreme Court recently held that if a final judgment of divorce is silent about death benefits, then the policy documents control the death benefit. The reason this can be an issue is that often during a marriage spouses will take out life insurance policies and name one another as the beneficiary. When the divorce is final, if there is no further designation or language taking that right away from a spouse, then the policy itself becomes the authority of the death benefit. So, if you divorce and forget to change the actual policy, and there is no language in the final judgment regarding the death benefit, then your ex-spouse may inherit the death benefit upon your demise.

In the recent case, Crawford v. Barker, SC09-1969 (Fla. June 9, 2011), the final judgment of divorce did not specify any new ownership or beneficiary regarding the death proceeds or beneficiary for a policy held on the husband's life. During the marriage, the husband had designated his spouse, now ex-wife, as the beneficiary on the policy. After the divorce, the ex-husband died and had not changed his policy to reflect a new beneficiary. Therefore, the ex-wife and the ex-husband's estate battled over the funds and the Florida Supreme Court decided that since the final judgment of divorce was silent, then the deciding documents were those of the actual policy. Since the ex-husband had not changed the policy to reflect a new beneficiary, the proceeds were decided to be that of the ex-wife.

In a divorce proceeding, it is important to have a true and accurate accounting of all assets, including death benefits. In addition, if it is your intent upon the divorce to take the death benefit away from your spouse, then be certain the language of the final divorce decree reflects that. Also, try to remember that you need to change the beneficiary on your actual policy so that the death benefit does not get held up on probate court later down the line.

Continue reading " My Florida Divorce and Death Benefits " »

Child support is modifiable in Florida. Modifying child support requires that a substantial change in circumstance. Simply not having a job does not automatically mean that a party qualifies for modification, the party must prove that she/he was fired or laid off from the job and it was not voluntary on his/her part. Also, if a party leaves a job for a less paying one, then that is considered voluntary underemployment and does not qualify for grounds of child support modification.
Florida calculates child support based on incomes of the parties and modifying that number requires a significant deviation (up or down) in the incomes of the parties. The increase or decrease of income, if significant enough, can lead to a change a child support in regards to the calculation. however, a small deviation, such as a 5% increase or decrease would not significantly impact the guidelines and therefore does not give rise to a modification.
Both parties are allowed to ask for a modification. This allows both parties access to the courts so that an increase or decrease in child support can be properly assessed based on the present situation. This is helpful for those that get divorced or have a paternity action while the children are young because over time both parties will most likely make more money and child support should be inflated to keep up with the households the child lives in the majority of the time. Also, if the child decides to reside with the each parent equally, then child support should be modified to reflect that time-sharing differential.
If you have questions regarding child support, you should speak with a family law attorney to better understand your rights and options.

Planning for Florida divorce before your marriage can be difficult emotionally. When deciding to use a prenuptial agreement it is important to understand that you are planning for your life together in a way that helps divide assets before and during the marriage.

Separating assets, especially if you marry later in life, can be important if you both feel that your stuff should be yours and not your spouse's upon marriage. However, it also means that you have to think differently when entering the marriage because you do not want to use marital funds in premarital (non-marital) accounts because it mucks the water if anything were to divide you later. Non-marital assets are those things that have been purchased prior to the date of marriage, including homes, stocks, etc. However, if you use marital funds (income to you or your spouse) to increase the value of those assets, then the increased value may be considered a marital asset. When creating a prenuptial agreement it is important to know "today's" value of the assets so you have a reference point of premarital value and marital value if the marriage were to dissolve.

If you are interested in a prenuptial agreement, you should speak with a family law attorney to understand your rights and options and how to set-up the agreement in the best possible way.

Prenuptial agreements are enforceable in Florida if all provisions are met, especially the full disclosure of assets and liabilities to each party. In a divorce, full disclosure is necessary and required by Florida law. In developing a prenuptial agreement, the same is true because both parties have to have a full snapshot of the other party's assets and liabilities before agreeing to the financial breakdown in case divorce was eminent. A full premarital financial disclosure is actually a tool that can be helpful in a relationship because both parties have an opportunity to better understand what they are walking into at the end of the aisle. A marriage is based on the joining of two people, but also the joining of their, "stuff." So, having a full picture is helpful in knowing what challenges and expectations may be ahead for the couple.
Full disclosure of assets means that you are both providing bank statements, investment statements, trust holdings, properties, etc. Both parties need a clear understanding of what the other has so that the agreement can be drafted to protect them both and not just one party. A prenup is not intended to be a body of armor for the party with the most, but is designed to make certain that if the marriage were to fail, that there are contentions in place for how to divide marital assets and decide which assets are actually marital and nonmarital.
Though it may feel like planning for the marriage to fall apart, the truth is that is actually helps people to plan their life together effectively because it brings issues to the forefront where they may have never otherwise been addressed until an argument occurs.

Continue reading " Prenups in Florida Require Full Financial Disclosure " »

Is a Pre-Marital - Pre-Nuptial Agreement Always Enforceable in the State of Florida? The answer to this question like many - "It depends."

The sad reality in our society is that most marriages will end in divorce. The United States currently has the highest divorce rate at roughly 50 percent for first marriages and almost 70 percent for remarriages. Fortunately, a premarital agreement can bring predictability and security to the circumstances surrounding settlement of your personal affairs following a marriage or remarriage.

The Florida Statutes define a “premarital agreement” as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Such agreements may also be referred to as Florida antenuptial or prenuptial agreements, and informally as Florida prenups. The couple planning to be married decides how important financial matters will be resolved in case of divorce, separation or death.

Florida's Uniform Premarital Agreement Act includes specific requirements needed for a premarital agreement to be valid and enforceable. First, the agreement must be in writing (a court will not enforce any verbal agreements between parties). Second, both parties must sign the agreement. Lastly, the agreement is valid without either party giving up any rights; the act of marriage is sufficient enough to create a valid agreement.

However, Florida law provides multiple ways in which a premarital agreement can be attacked or challenged. Examples include if either party can prove they did not sign the agreement voluntarily, due to fraud, duress, or coercion, or that the terms of the agreement were very unfair and one party was not provided fair access to the other party’s financial situation. For more information on this topic, see the Florida Statutes

Continue reading " Is a Premarital / Prenuptial Agreement Always Enforceable in the State of Florida? " »

During a heated custody battle, a Jacksonville judge granted custody of three year old Miranda Wilkerson to a registered sex offender over her grandmother. The mother of the girl, Trista Crews, died about a month after Miranda was born. At the time Miranda was conceived, Crews was married to registered sex offender Donald Coleman. His offense was impregnating Crews when she was 14 and he was 38.

During Crews’ pregnancy, Coleman had filed for a divorce. In his divorce petition, Coleman stated that Crews was pregnant with another man’s baby. However, despite the claim, Coleman is still Miranda’s legal father because he was still married to Crews at the time Miranda was born, which played a part in the judge’s ruling. Miranda’s grandmother, Rita Manning, who has since been the child’s caregiver said she only allowed her daughter to marry Coleman because they were expecting a baby.

Coleman’s motion for custody claimed that Manning was not allowing him to see Miranda. The motion also discussed Manning’s arrest record, which included a charge for contributing to the delinquency of a minor (which was later dropped), and a charge for child neglect when her daughter got pregnant by Coleman. According to court documents, Manning was sentenced to probation and Coleman was sentenced to register as a sex offender for the rest of his life.

Because of the custody determination, Miranda will now have to leave Jacksonville where she has lived since birth and move to Georgia where Coleman lives. Manning still has the option to appeal the judge’s decision, and she can also report the case to the Department of Family and Child Services. For more information on this topic, see Grandmother, Sex Offender fight for custody of child.

The death of a four-year-old girl, Kristina Hepp has raised new questions about how cases handled by the Department of Children and Families (DCF) are handled. Kristina was born in July 2004 to her mother Elizabeth Hepp, 16-year-old, and immediately concerns were raised over the care of the child.

DCF contracted with Partnership for Strong Families (PSF), a private group, to manage Kristina’s case. Kristina was allowed to stay with her mom, but caseworkers visited routinely. Elizabeth was ordered to take parenting classes and have routine drug tests. In addition, she was ordered to disclose who the father of Kristina was. Paternity tests confirmed that Matthew Roland was the father.

Criminal background checks reveal that Roland, 22, had a criminal history that dated back to 2000, and included charges involving drugs, burglary, battery, and violation of probation. Records show that PSF was required to develop a case plan to help Roland parent Kristina. At that same time, Elizabeth’s attorney requested that her case be closed because she had successfully completed her case plan. Judge David Glant, who was assigned to the case, granted the request. However, DCF’s records indicate that Elizabeth’s case plan was not complete, and that Roland’s case plan was never adopted by the court.

After the dependency case was closed, 13 months later, Elizabeth moved back to Kentucky and Roland filed a motion for temporary custody over Kristina. Glant awarded custody of the four-year-old to Roland, finding that he had the ability to provide for her. Two months later after living with Roland she was dead. According to DCF records, Kristina was tortured with a hair iron and beaten to death. Roland was charged with first degree murder.

A lawsuit has been filed against PSF for negligence on behalf of Kristina’s estate. Helen Spohrer, attorney for Kristina’s estate, said that the child was allowed to have contact with someone the system did not know anything about. Shawn Salamida, CEO of PSF, said that they were never contacted by the family law court when Roland was seeking custody. Salamida said that there is no centralized system in place where DCF, its partnering agencies and the courts can see a child’s case history. For more information on this topic, see Kristina Hepp Dies in Father's Care; Jacksonville Step Parents Left with ut Answers.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Moving with a child can require meeting Florida statutory requirements, such as providing notice of relocation. If the parent moving has majority time-sharing (i.e. visitation or custody), then that parent needs to provide notice to the other parent of the relocation, which must include certain information in accordance with Florida law. Not following this statute can lead to the court determining you have to come back to Florida.

So, who is entitled to notice? In Florida, a parent is defined as, "...any person so named by court order or express written agreement who is subject to court enforcement or a person reflected as a parent on a birth certificate and who is entitled to access to or time-sharing with the child." (Fla. Stat. 61.13001) What this means is that any parent so listed on the birth certificate, or given rights by the court, is entitled to notice of the move. However, the fact that the language states, "and" regarding the person having a right to time-sharing, does give a bit of leniency. What this means is that simply having the father listed on the birth certificate does not give rise to this provision since the statute requires that he also have a right to visitation. Parental rights in Florida, for non-marital individuals, must be established by the court by filing an action to determine paternity. Until that is done the court does not recognize the non-married father as having parental rights/time-sharing rights to the child.

Before moving you should speak with a family law attorney to better understand your rights an options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In Florida, unmarried fathers have to establish paternity and parental rights through the court system by filing a Petition to Establish Paternity. Florida paternity is strictly defined by Florida statute, which also states a strong presumption that a child born during a marriage is the child of the husband. The court looks at the husband as being the legal father of the child and there is no cause of action that can be brought by the biological father to fight the presumption. What this means is that if you are the biological father of a child that is born during the mother's marriage, and you are not the husband, then you have no way of getting rights to your child.
However, Florida Statute also provides for the disestablishment of paternity and the husband can disestablish his legal rights to the child. In order to do that, the legal father must file a Petition to Disestablish Parental Rights. Once that is done, the biological father can then proceed with his action to establish paternity and parental rights.
If you have this type of situation, you should speak with a family law attorney to assist you because the statute is strict on how to proceed.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Child support and alimony laws of Florida often go hand-in-hand. In Florida, child support is calculated based on the income of both parties. In Florida, alimony is considered income to the party receiving the funds, including the person having to pay taxes on the alimony. As such, Florida requires that alimony be determined separately from child support and the order reflect said division to be certain that child support is properly calculated.
Florid child support is based on the income of the parties, their pro-rata share of their combined incomes, daycare expense, child insurance expense, whether there are mandatory union dues, a few other factors. Basically, the idea is to keep the child in the same financial position s/he would have been in without the parents living in separate homes.
Alimony is designed to help keep the spouse in a lifestyle similar to that in the marriage and is based on the length of the marriage, contribution to the marriage, educational sacrifices, and other factors. It is determined based on the need for alimony and the ability for the other party to pay alimony.
According to the Court, both must be determined separately to assure that calculations are correct for each need.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida child custody cases are decided in the best interest of the child. Florida law changed in 2007 to change custody to time-sharing and the court does require a time-sharing plan. However, there has been a presumption that time-sharing means that parents have 50/50 child visitation. In 2011, the Florida legislature made it clear, through new changes to the statute, that time-sharing is not to be presumed equal for the parents. Therefore, prior case law should now be ignored on that basis and the parents, in developing time-sharing plans, must keep the best interest of the child at the top of their goals, otherwise the court will enforce what it feels is in the child's best interest.
In a custody battle, the court may require the parties to get a parenting coordinator or social investigator to help determine the best interest of the child. These individuals are trained in meeting with parents and children to determine what the dynamics are and help the court better understand the parental issues. Speak with a family law attorney about your rights and what option may be best for your case.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Recently, a Florida man who is married to two women was to not be in violation of Florida bigamy laws. The Orlando man was caught in the marriage triangle by his wife, Heather Bennett in 2010. She and Tait were married in 2000 and he was married to Amy Bennett in 2005 in Las Vegas, Nevada. Due to the second marriage taking place in Nevada, the crime is considered to have happened outside of Florida and therefore, the State of Florida cannot prosecute Tait Bennett for the crime.
Tait Bennett filed for a Florida divorce from Heather Bennett in February of this year. However, they had been separated since 2008, before Heather knew of the second wife. In Florida family law, bigamy actually creates a void marriage to the second wife and is therefore considered annulled. He would have to remarry Amy Bennett to make their marriage official, regardless of Florida criminal laws. Heather Bennett may look into an annulment, but since she was the first wife, divorce may be necessary to effectuate their separation from the nightmare Tait Bennett created for his wives.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In a Florida case involving children, whether a divorce or paternity action, the court requires that the parents have a time-sharing plan and a parenting plan. A Florida parenting plan lays out parameters for the parents to follow while they try raising children in separate households. If the parents cannot agree on a parenting plan, the court may require them to participate in a Social Investigation as defined by Florida Statute 61.20.

Who can be a Florida Social Investigator? In order to be used in a family law case, the social investigator must meet the following requirement: be staff qualified by the court; an agency licensed to handle child-placement; a psychologist; a social worker, licensed marriage/family therapist; or a licensed mental health counselor. If either party submits a certification of indigence and the court does not have a qualified staff member to perform the study, then the court may require the Department of Children and Families to conduct the investigation. If a party does not qualify under the indigent status of Florida Statute 57.081, then the cost for the social investigation is to be shared by the parents.
Speak with your attorney about any issues you feel that a social investigation is necessary in your case.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida family law court requires that parties divorcing with children or going through a paternity case must establish a parenting plan. The parenting plan is designed to give parents parameters in raising children in separate homes. Often, parents cannot agree on a parenting plan, when that happens, the court may require the parents to attend a Social Investigation per Florida Statute 61.20.

What is a Social Investigation? It is a mechanism used by the Court to help determine and understand what the main issues are involving the children and their needs. It helps to look at issues more closely as they relate to the parents and children in developing the right plan. When a social investigation is ordered, the investigator must provide the court with the written recommendations and study that was completed by the investigator so that the court can use the study to better understand the issues, the parties and the best interest of the children in accordance with the investigation.

If you believe that is a social investigation would be in the best interest of your children, then you will want to discuss the matter further with your divorce or paternity lawyer.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In a Florida divorce or paternity action, if time-sharing cannot be agreed upon by parents, then the Court may require, or the parties may agree, that a parenting coordinator may be helpful. A time-sharing plan must be established for visitation in Florida, so a parenting coordinator can assist parties in developing one, or can give recommendations to the Court for one. A parenting coordinator must remain neutral to the situation and must meet the statutory requirements in order to be used in a divorce or paternity case.

Who can be a Florida parenting coordinator? According to Florida Statute, 61.125, a parenting coordinator must be one of the following: a licensed mental health professional, a physician certified by the American Board of Psychiatry and Neurology, have at least a master's degree in mental health and be a certified family law mediator, or be a member of the Florida Bar in good standing (i.e. a lawyer). The individual must be in good standing with any of the licensing or certification boards that they are on.

In addition, based on the need for the parenting coordinator must complete the following educational requirements: complete 3 years of post-licensing or post-certification practice; take and complete a certified mediation training program; take at least 24 hours of training in parenting coordination including ethics, coordination concepts, techniques, etc.; and complete at least 4 hours of domestic violence and child abuse training as it relates to parenting coordination.

If you believe that a parenting coordinator is right for your case you should speak with your divorce or paternity lawyer.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Time-sharing is an issue for Florida divorces involving children and in paternity cases. Florida requires a time-sharing plan to establish the visitation of schedules for parents and children. The time-sharing schedule can be agreed upon by both parents, but if they disagree, then the Florida family law court may require the parties attend parenting coordination in accordance with Florida Statute 61.125.
What is parenting coordination? Florida parenting coordination is completed to help resolve disputes between parents about what they want in a visitation schedule and who will have majority time-sharing (custody) of the children. Often parents do not agree about who should have the children the majority of the time, so the coordinator can help them better understand what is in the best interest of the children by educating the parents, interviewing them and the children, and by making recommendations to the court based on the court's provisions.
Speak with your divorce or paternity lawyer about your options and whether parenting coordination is in your best interest.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida time-sharing is not just for condos anymore. In a Florida divorce, involving children, the court now looks at time-sharing plans to determine the visitation schedule. So, what is a time-sharing plan?
A Florida time-sharing plan in a divorce is a plan that parents use for their visitation schedule. A time-sharing plan is not designed to start with a 50/50 visitation plan, but to develop a schedule in the best interest of the children and to help parents avoid fights along the way. The time-sharing plan should address issues like school, holiday and vacation schedules. The idea is to put the children in the best situation to develop a bond with each parent in a fair way.
If the parents cannot agree on a time-sharing plan, then the court may devise one based on numerous conditions. If the parents are arguing over majority time-sharing, then the court may require the parents to meet with a parenting coordinator or have s social investigation completed.
A time-sharing plan should be discussed with your divorce or paternity attorney to better understand your rights and options.

Divorce is more prominent with families that have twins according to a recent study completed by Dr. Anupam Jena of Massachusetts General Hospital. The study looked at over 800,000 families since the 1980 census that claimed to have twins. Of that number, the study found that in families where twins were the oldest that 14% of the mothers were divorced from the father of the twins, which led to the conclusion that twins led to a greater increase in divorce for families. However, the increase in divorce is slight since mothers with only a single eldest child reported divorce 13% of the time.

Divorce can manifest in a number of ways, including income changes, stress increases, expense hikes, etc. When two children are the same age it does take a financial hit on a family because there is not the ability to pass down clothes, cribs, etc. In addition, two babies staying up all night puts both parents in a sleep deprivation, which can lead to stress increases. The parents can manage these factors, so simply having twins does not predetermine your marriage failing, but failing to recognize the stresses and addressing them together can lead to divorce.

If you are thinking of filing for divorce, it is a good idea to find out your rights and options by speaking with a Jacksonville divorce lawyer.

Children in a divorce can significantly impacted by the divorce if parents do not take proper precautions and try to make the transition easier on children. According to a new study, there is a link between kids of divorce and suicide. The study quickly gives a disclaimer, as will I, that this does not mean that children of divorce are going to commit suicide, it simply shows that children can be impacted significantly unless parents take precautions to help with the transition.

The study conducted by Esme Fuller-Thompson, a professor at the University of Toronto, showed that men from divorced families are three time more likely to consider suicide and that women of divorce have an 83% higher chance of considering suicide. The study indicates that while they did research on a number of individuals there are certain factors missing, including how much time parents spent with the children post divorce. In addition, the number of suicidal ideations decreased for women when abuse and addiction situations were removed. However, for men, the number remained the same with those factors removed. The overall basis of the study was to see the correlation, but the study failed to find out what the root cause is, which led to the speculation that men often lose their male role model in a divorce and that lack of male influence has a strong impact on men as they grow from boyhood.

Florida timesharing allows for parents to think about kids first without first thinking about "custody". Timesharing replaced the terms, "custody" and "visitation" in 2007 to help put children first in the divorce. The idea is that parents do not need to look at children as property, but as kids that need guidance from both parents and hopefully, as both parents put the children first during and after the divorce the findings from the study will decrease over time.

Continue reading " Florida Timesharing and Divorce: Link Between Kids of Divorce and Suicide " »

Children are misplaced in a divorce. Florida law has tried to counteract the effects of divorce on children by providing parenting class requirements and changing custody to timesharing and parenting plans. However, a recent study shows that maybe the changes are not all that is needed, but an actual understanding of the psychological impact divorce has on children. The study done by the University of Wisconsin-Madison showed that the living environment surrounding the kids before divorce proceedings does not have as much impact as actually starting the divorce proceedings.
The study took 3,585 students ranging from kindergarten to fifth grade and examined the impact on divorce on the children. The kids in the study were compared to those in stable, intact families. The most impacted area of the children were in their math studies since it is the one that builds on itself and requires foundation for future learning (1+1=2 is beginning to multiplying). The study’s researcher, Hyun Sik Kim, attributed the setbacks to not only a change of environment, but also the balance of time with each parent and economic changes based on the parents each being impacted by changes in income (child support, one income family, etc.).
Before proceeding forward find out what you can expect in the immediate and distant future by speaking with a lawyer in your area.

Timesharing and divorce can impact children in school, home and socially according to a new study. In a Florida divorce involving children, parents are encouraged to look at visitation as timesharing with the other parent and to develop parenting plans so that they can resolve issues together rather than at odds with each other. However, a recent study done at the University of Wisconsin-Madison showed that divorce first begins impacting children once they proceedings start.
Florida divorces involving children require that parents attend a parenting class to help them better understand the effects divorce may have on their children from beginning to end. Divorce does not just end with a judge making a decision, but will continue throughout the lives of the children since both parents will live in separate homes.
Florida adopted timesharing plans to help put kids at the front of the parents minds when going through a divorce. However, if parents are not willing to change their reactions or ways of handling a divorce, then the children will remain negatively impacted. If you are thinking of divorcing, it is a good idea to speak with a lawyer about your divorce and your concerns involving children before actually filing for divorce.

In a Florida divorce, marital property is often a topic of contention. In a divorce often there is an exchange of marital property necessary for both parties. When exchanging property it is a good idea to set a time and place for the exchange. If there is property in the marital home, then often a police escort can be helpful for making certain that there are no disputes that take place and that the parties do not items that have not been agreed upon by both parties. If there are items up for dispute, then it is a good idea to make a list of all items so that they can divided by the court when the time comes.

Florida is an equitable distribution state, meaning that each party is entitled to one-half value of marital assets. So, if you have two new TVs, one party will get one and the other party will get the other TV. If you need to exchange items or get them from storage it is a good idea to have to have a 3rd party, not involved with the case, present so that you can have a witness. If you cannot agree on a 3rd party, contact the police for a police escort.

Speak with a lawyer about your rights and options before making any property changes.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Domestic violence issues often lead to the victim seeking protection through a restraining order. In Florida, the restraining order is actually an injunction that establishes prohibitions on the parties communicating with one another and can put limitations regarding violence. The injunction is designed to protect the alleged victim from the offending party by placing geographical limitations, weapon possession and other limitations on the other party. When domestic violence is prevalent with both parties, then often both sides will file for an injunction against one another.

In Jacksonville, Florida, to file for an injunction you must go to to the City Hall Annex located next to the Duval County Courthouse. You must file a petition for the injunction and if you are concerned for the safety of your children, you want to seek the injunction for yourself and for your children. Once you fill out the petition you meet with a caseworker that will then interview you to get additional information. The caseworker may then, based on his/her knowledge and experience, issue a temporary injunction and provide you with a court date. The petition and court date will then be served on the other party.

Once you have a court date, you should speak with a lawyer to find out your rights and options and how the proceeding works.