A divorce is a legal procedure, and it can be intimidating if you do not know what to expect. Understanding the Florida divorce process can reduce the stress of the experience and allow you to be more confident in your decisions.
Even when you understand what needs to happen and when, it is critical to work with an experienced divorce attorney. Their guidance can ensure you avoid costly mistakes and meet your goals in your divorce.
Beginning the Divorce Process
Florida courts will not oversee a divorce unless one of the spouses has resided in the state for at least six months. If the couple has minor children, those children also must have resided in the county where the divorce is heard for at least six months. The spouse seeking a divorce (the petitioner) must file in the Circuit Court and pay the filing fee.
The petitioner must serve the divorce papers on the other spouse (the respondent). A respondent can waive official service by completing a form, and once they have received service or submitted the waiver, they must file an answer within 20 days.
When the couple agrees on property division, alimony, and their plan for co-parenting their minor children, they can submit their agreements to the court, and the divorce can be final within a few weeks. If the couple does not agree, the discovery process begins when the respondent’s answer is submitted.
Resolving Outstanding Issues
In the legal arena, “discovery” is the exchange of documents and evidence. In a divorce case, both spouses must complete a financial affidavit and provide comprehensive financial disclosure to each other. When the couple has children, other information regarding the children’s mental and physical health and educational needs might also be exchanged.
Attorneys for the couple will negotiate the outstanding issues during the discovery phase. Many couples also choose to work with a mediator to reach agreements. When the couple has agreed on all relevant issues, they submit their agreement to the court for approval.
Most couples settle their outstanding issues during the discovery process and agree on a property settlement and parenting plan if they have minor children. The court will hold a final hearing, and if the agreements are compliant with the law and in the children’s best interests, then the court can grant the divorce. When attempts to reach an agreement fail, the court may then schedule a trial.
Litigating the Divorce
When a couple cannot agree on property division or a co-parenting plan, a judge has the authority to decide for them, leading to a trial where each side presents evidence supporting their claims.
When the issues concern the children, Florida Statute § 61.13(3) requires judges to make decisions based on the child’s best interests. The court may order a licensed psychologist to perform a custody evaluation and make recommendations about which custody arrangement best serves the children.
A trial is usually undesirable because trials are time-consuming, expensive, and delay the divorce. Most importantly, trials put the outcome in the hands of the judge and disempower the spouses. Florida couples going through the divorce process are better served by working with their attorneys to resolve their issues before a trial is necessary.
Contact a Florida Attorney Today to Understand the Divorce Process
Going through a divorce is stressful, but it is highly beneficial to have a legal professional at your side to look out for your future. The attorneys at The Florida Probate & Family Law Firm can guide you through every aspect of the Florida divorce process.
Do not try to navigate a divorce without experienced counsel. We offer free case evaluations, so reach out to our team today.