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5. Allow 20 consecutive days to pass or get an answer to petition. The time must elapse unless a counter answer is filed prior to the 20 days.
6. If 20 days passes without an answer file default and set hearing, then to step 8. This will require another form to be filled out called a motion for default.. This states that the petition was never answered and that trial can be commenced. The court could require that you publish in a local newspaper and wait a time prior to final hearing.
7. If an answer is filed, go to Mediation (this is required in Florida). Mediation will need to be set or ordered by the court. You can go to mediation, since it is a non-adversarial forum that might help ease the fight and make decisions that could be a win-win solution for all involved. If a settlement is reached then the court could and in most cases does accept it at the final hearing.
8. Final Hearing. This is where the court makes its final decision on the modification as to whether the things asked for in the petition is warranted or accepts the settlement reached in mediation. Depending on the court's backlog in your area this could be 6 months to a year from the date of filing the original petition. However, there are instances that this time period can be shorter or longer depending on whether or not the modification is contested.
* If you are not represented by an attorney, many jurisdictions offer forms and samples either in self-help clinics or on-line. The FL Supreme Court's web page has the complete set available on their web page along with instructions. www.divorcenet.com and www.divorcesource.com, www.divorcedirect.com have links to state specific forms required by your jurisdiction. However, if you are represented by an attorney, your attorney should know the correct forms and should prepare them for you.
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The copyright of the article Modification (part 4) Steps in modification -After the Forms - Page 2 in Divorced Parents is owned by Annelies Mouring. Permission to republish Modification (part 4) Steps in modification -After the Forms - Page 2 in print or online must be granted by the author in writing.
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