A Beginner's Guide to How the Divorce Process Works

Divorce is a court action that formally dissolves a legal marriage. It is a legal process governed by state law and courts. For someone who is unfamiliar with the law, navigating the process of divorce can be frustrating.

However, knowing exactly what occurs can help make informed decisions. This article explains how the divorce process works in Florida. A local divorce lawyer can guide you through this process and protect your rights.

The grounds for divorce in Florida are classified as fault-based or no-fault. In a no-fault divorce, spouses can dissolve their marriage for irreconcilable reasons without blame. A fault-based divorce constitutes more complex cases.

The divorce process is legally initiated when one spouse files a petition. It must be filed in the appropriate court in Florida. The petition contains general information about you (plaintiff) and your spouse (respondent). It cites grounds for your divorce and includes details about the division of property and child support. In Florida, the petitioner must have lived in the state for six months to one year before filing for divorce.

A summons is issued by a court to be served on your spouse once the petition is filed. The respondent has 20 to 30 days to respond. If your spouse cannot be found despite your due diligence, you may request permission to serve your spouse by publication. You may also employ alternative methods of service, such as certified mail.

If the respondent agrees to the terms, the divorce is uncontested and is usually finalized faster. If they do not agree, the case is contested and proceeds legally. As another option to contest, the respondent may sign a contract to speed up the process. The respondent may also submit a counterclaim to provide their terms and request.

If the divorce is contested, both spouses may conduct discovery. Discovery is the process of exchanging facts and evidence before negotiation and trial. It brings clarity, especially regarding finances. Among the tools for discovery are requests for documents, interrogations, and depositions. Nevertheless, requests must be relevant to the case. Either party can request protective orders to limit or safeguard sensitive information.

Most divorce cases can be resolved out of court through negotiation or mediation. In mediation, a neutral third party intervenes. This method allows the couple to reach an agreement, reducing confrontation, cost, and time. After reaching a resolution, an attorney drafts an agreement setting forth the terms. After reviewing and signing it, the parties file the agreement with the court. If the judge determines it is fair and legal, it is included in the final divorce decree.

If negotiations fail, the case goes to trial, which is costly and emotionally draining for all involved. Both parties provide testimony and evidence to the judge, which increases the duration and cost of divorce. After cross-examinations and summations, the judge will make the decision based on the evidence and arguments presented. These will be incorporated into the final decree, which legally ends the marriage.

The finalization of the divorce is the legal end of the marriage. If there is an agreement, the divorce decree is submitted to the judge. The decree contains agreements on the division of property, child custody, and spousal and child support. It is a binding legal document that must be adhered to. The marriage legally ends after the judge signs the decree.

Divorce is never easy, but understanding the legal procedure in Florida makes it feasible. Being well-informed about what to expect empowers individuals to make informed decisions and stand up for their rights. Understanding the law and seeking legal advice enables individuals to move forward with clarity.