The Florida Divorce Process Explained

According to the World Population Review, for every 1,000 marriages in Florida, there are 3.4 divorces. Couples in the Sunshine State separate for a variety of reasons, among them infidelity, domestic abuse, and irreconcilable differences. However, many splitting partners have no idea what to expect during the process. Indeed, the path to divorce is complex and nuanced, with the possibility of unpleasant surprises along the way. To keep you prepared, this blog details the timeline for a typical divorce process.

Initial Consideration: 

The separation process begins when one spouse contemplates ending their marriage. As mentioned above, it may be for multifaceted reasons, depending on the underlying relationship with the partner. A lawyer will elaborate on the divorce process, so speaking to divorce attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm is smart. Here is an expanded list:

• Infidelity 

• Financial issues 

• Domestic violence 

• Incompatibility 

• Fault divorce 

• Physical or mental abuse 

• Substance abuse 

• Lack of intimacy 

• Marrying too young 

• Commitment issues 

• Communication problems 

• Irretrievably broken marriages

Legal Consultation

The initiating spouse, also known as the petitioner, initiates the divorce by contacting a qualified Florida divorce attorney (although they can choose to file the complaint independently). The lawyer drafts the divorce petition, a crucial document detailing why their client wants a divorce and how they want to settle finances, custody, and other issues. At this step, the lawyer advises whether a legal separation is necessary as the process begins. Lawyers prepare all documents and educate the client about potential legal outcomes. 

Filing for Divorce

Next, your divorce lawyer will file the petition or complaint with the court. Note that the filing fee in Florida is $409. On top of that, the court clerk will charge $10 to initiate the summons process, where a process server or deputy formally serves the respondent. Having a lawyer by your side can streamline the process. 

Response to Petition

The respondent has a maximum of 20 days to respond to the petition.

In their response, they will state whether they agree with or contest the divorce and outline how they prefer to handle the process. If they fail to respond to the petition/complaint within this timeframe, the court assumes they agree to the terms and grants separation as a default divorce. Sticking to these statutes of limitations is vital to a smooth divorce process. 

Temporary Orders

One of the spouses may request temporary orders, asking the court to impose interim guidelines on child support, custody, alimony, and other immediate concerns before the resolution of the case. 

Discovery Process

The future exes will then exchange information on income and property. This information gives them insights crucial for dividing property and dealing with child support/spousal maintenance, as well as alimony. 

Negotiation and Mediation

With all the information on the table, the couple may voluntarily solve their issues through mediation, where they discuss the terms of the separation with their lawyers. If the soon-to-be ex-spouses come to a conclusion, the attorneys draw a settlement agreement, which they show to a judge during an informal court hearing. Finally, the judge will ask some formal questions before signing the agreement. 

Trial

If the couples fail to reach an agreement through mediation, the case proceeds to trial, where each side presents its side with accompanying evidence. A judge will review presented facts and decide on unresolved issues, including child custody and visitation, child and spousal support, and property division. In the court, a lawyer can represent your best interests. Finally, they will sign the divorce papers, completing the process. 

If you are contemplating divorcing your partner, you must speak to a skilled Florida divorce attorney. They can help you navigate the otherwise complex legal processes and file the paperwork on your behalf. A good lawyer will advise you when emotions run high, guiding you on the most rational decisions concerning your separation. 

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