Divorce is a stressful and highly emotional process for anyone involved. Divorce, also known as “dissolution of marriage”, happens when one spouse (or both) decides that a marriage is irretrievably broken. Every divorce case is unique and depends on the facts of the case. An experienced divorce attorney can help you understand the Pembroke Pines divorce process during a consultation.
Understanding Divorce Laws
Florida is a “no-fault” divorce state, meaning that either spouse can file a petition for the dissolution of a marriage when they feel the marriage cannot be saved. In some cases, both spouses agree to dissolution and can proceed through the collaborative divorce process. Dissolution of marriage is governed by Florida Statutes Chapter 61. These laws supply a wide-ranging set of rules covering the divorce process, but generally aim toward equitable distribution of assets and debts, application of child support and spousal support (also known as alimony), parenting plans, and other guidelines to make sure families get through divorce on solid footing when a final judgment is issued.
To file for divorce in Pembroke Pines, the petitioner must have been a Florida resident for at least six months and a resident of the county in which they are filing. The petitioner must allege that the marriage is irretrievably broken, or that one party to the marriage has been legally declared mentally incapacitated for at least three years.
Petitioners are not required to have a lawyer represent them when filing a divorce petition under state law. However, knowledgeable attorneys with divorce experience in your county can make sure all forms are properly filed, and you start the process on the right foot.
What Steps are Involved in a Divorce?
Generally speaking, the divorce process begins when a petition is filed, and the other party is served with the divorce paperwork. The responding party has 20 days to file an answer to the petition once they are served. During these early stages of divorce, either party can request temporary orders on child custody, child support, or spousal support. Protective orders regarding the disposition of property can also be entered in the early phases.
Discovery
Next, the “discovery” process begins in a divorce case. Discovery means the exchange of information and documents between both sides. The goal of discovery is to make sure both parties are fully aware of any assets, debts, and property involved that would be subject to division under state law.
Mediation
Mediation is another common step in the divorce process. Through mediation, both sides can come to the table and reach agreements about property division, child custody, spousal support, and other key issues. Through mediation (or independently with the help of divorce lawyers), parties can also agree on parenting plans to settle custody and visitation issues.
Settlement or Trial
If both sides reach an agreement on all issues, a divorce settlement can be given to a judge for a final divorce judgment to be issued. If the parties are still disputing, the case can be set for a contested divorce trial in front of the judge. Whether a divorce case settles or goes to trial will depend on the specific facts and circumstances of the case. Either way, a skilled Pembroke Pines attorney can guide you through each stage in the divorce process.
Speak with a Pembroke Pines Attorney to Learn More About the Divorce Process
Divorce is a complex legal process that can be stressful for anyone involved. An experienced attorney at The Florida Probate & Family Law Firm can help you understand the Pembroke Pines divorce process. Contact our firm today to schedule your consultation.