Do you and your partner think it’s time to pull the plug on your relationship?
Going through and filing for divorce can be a challenging and emotional process, and it is important to understand the steps involved to make informed decisions and protect your rights.
In Florida, getting divorced follows a specific set of rules and procedures. So how do you go through a divorce in Florida? Here is an overview of the divorce process in Florida.
Filing for Divorce
To start the divorce process in Florida, one spouse must file a petition for dissolution of marriage with the circuit court in the county where either spouse resides.
The petition must include information about the marriage, such as the date of the marriage and the date of separation, as well as the grounds for divorce. There are two grounds for divorce in Florida: (1) the marriage is irretrievably broken, or (2) one spouse is mentally incapacitated.
Service of Process
After the divorce petition is filed, the other spouse must be served with a copy of the petition and a summons. This is something that is usually taught in this divorce class.
The spouse who files the petition is known as the petitioner, and the spouse who is served is known as the respondent. The respondent has 20 days to file a response to the petition. The petitioner can request a default judgment if the respondent does not file a response.
Temporary Orders
If the parties cannot agree on temporary arrangements, such as child custody, support, and use of the marital home, either spouse can request and hope to win a temporary hearing.
At the hearing, the judge will issue temporary orders that will remain in effect until the final hearing.
Discovery
During the divorce process, the parties can request information and documents from each other through a process called discovery. This can include financial documents such as tax returns, bank statements, and other relevant information.
Mediation
In Florida, most divorce cases must go through mediation before a final hearing. Mediation is a process where the parties meet with a neutral third party, called a mediator, to try to reach an agreement on issues such as property division, child custody, and support.
If the parties reach an agreement through mediation, they can submit it to the court for approval. If the parties cannot reach an agreement, the case will proceed to a final hearing.
Final Hearing
If the parties cannot reach an agreement through mediation, the case will proceed to a final hearing. At the hearing, both parties will have the opportunity to present evidence and testimony, and the judge will make a decision on issues such as property division, child custody, and support.
Familiarizing Yourself With the Florida Divorce Process
The divorce process in Florida can be complex and emotionally challenging. It is important to understand the steps involved and seek the assistance of an experienced divorce attorney to guide you through the process and protect your rights.
With the right legal representation, you can navigate the divorce process and move on to the next chapter of your life.
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