How to File for Divorce in Florida
HOW TO FILE FOR DIVORCE IN FLORIDA
It may be an emotional, unpleasant, and painful period for you and your family if you are going through a divorce or other life-altering event. Family law cases are usually complex and difficult, and each has its own set of obstacles.
Every state has its own set of legal standards that must be completed before a divorce may be given; these requirements differ from state to state, and Florida has its own set of requirements. You might be wondering about residence restrictions, the mandatory waiting time, and other issues that could affect your divorce, such as what reasons for divorce are considered “no fault.” Our experts will discuss below about filing a divorce in Florida.
Florida Divorce Process
Divorce in Florida is easier than in many other states since the person seeking the divorce is not required to prove any kind of cause. In every scenario where the marriage is irreparably destroyed, dissolution of marriage is permitted. It is not necessary to establish that a spouse was unfaithful or aggressive. One of the parties must have lived in Florida for at least six months before the state can grant a divorce.
- Petition Filing
Filing a petition is the initial step in obtaining a divorce. The individual seeking for divorce is referred to as the “petitioner” in a dissolution of marriage. The petition must specify that the marriage is “irretrievably shattered” and be submitted in the circuit court. The petition will be filed in either the county where both spouses last resided together or the county where the Petitioner presently resides.
- Petition response
After the initial petition is filed, the respondent, or the person who was served with the petition, must write and submit a reply to the petition for dissolution of marriage. The responder has twenty days to react after receiving the papers. The answer, which may include a counter-petition, will detail what the other spouse agrees or disagrees with in the petition, as well as any new issues to be presented to the court. If the respondent’s answer contains a counter-petition, the petitioner has twenty days to respond.
Additionally, either party in the divorce may seek protective orders, restraining orders, and/or interim orders affecting child custody, child support, and spousal support during this stage of the divorce process in Florida following the first filing.
As the client’s legal representative, a divorce attorney works to ensure that the client’s interests are properly expressed at this period and throughout the divorce process in Florida.
- Discover process
The discovery process involves a number of steps. This is one of the most important phases in the divorce process, and it is here that a divorce lawyer may obtain extra critical information for the divorce’s conclusion. It is usual for one spouse in a divorce to fail to reveal all of his or her assets to the other.
Each party must give obligatory disclosures in addition to a financial affidavit, which must be filed within 45 days of the petition being served. The following papers are required disclosures:
- Income tax returns
- Proof of earnings
- Statements from credit cards
- Statements of bank accounts
- Statements of retirement accounts
- Other debt-related account statements
- Mediation attempt
If a settlement has not yet been achieved or if certain concerns with the petition for dissolution of marriage remain unresolved, divorce mediation is required by law in most of Florida. Mediation may not be necessary if you are a victim of domestic abuse.
Your rights and opinions about alimony, property division, and any other essential aspects of the talks are represented by a divorce attorney.
- Parenting Plan
One of the last stages in a divorce with children is to decide on a parenting plan. The plan will cover a variety of topics relating to the child (or children), such as each parent’s involvement in raising the children, a time-sharing schedule, how communication with the children will be managed, and which parent will be in charge of filling out important school, health-care, and other related forms, such as enrollments in sports teams, camps, and so on. In assessing child support, establishing a Parenting Plan and a timesharing plan is also crucial.
- Going to Trial
If the two parties are unable to reach an agreement on the financial implications of the divorce as well as matters concerning the children (if applicable), the case will have to go to trial. This will be decided by a judge rather than a jury.
Your divorce lawyer will advocate your legitimate interests in front of the court during the trial. This involves presenting evidence and testimony as needed, as well as cross-examining any witnesses who are called to the stand. Following the conclusion of the trial, the judge will provide a final judgement on any matters that were not resolved during the talks.
If you believe the judge’s final judgment is unjust, you have the right to submit an appeal and request a fresh hearing.
- Dissolution Order
The “order of dissolution,” also known as the Final Judgement, is signed by the judge once all of the terms of the dissolution of marriage have been bargained to by both parties (or ordered by the court). If the parties were able to reach an agreement without having to go to trial, the lawyer for the party who filed the petition for divorce would usually prepare the judgment for both parties to approve.
Contact our Florida Divorce Attorneys
Divorce is never simple. You won’t be able to get back the time and effort you put into your marriage, but you can save time, energy, and, most importantly, money by avoiding spending additional time, energy, and money on your divorce. Many Florida divorce attorneys may try to drag you out or make the process appear harder than it is in order to extract as much money as possible from you.
The Florida Law Office of John Vernon Moore, P.A. will provide you with aggressive representation and will never keep you in the shadows about the divorce procedures. We meticulously prepare the essential documentation and settle the majority of divorce, paternity, and modification cases by mediation, but, if necessary, our attorney will go to trial.
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