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Navigating the divorce process can feel overwhelming, especially when you’re unsure of what to expect. In Florida, initiating a divorce begins with filing a petition, but the process involves multiple steps that vary in length, depending on your specific circumstances. This guide breaks down the divorce petition process, detailing what you’ll need, what to expect, and how our experienced divorce attorneys can help.
Step 1: Deciding to File for Divorce
Before taking legal action, evaluating your situation and ensuring that divorce is the best course of action is prudent. Consider whether reconciliation is possible or other steps, such as counseling, might help. Once you decide to move forward, gathering the necessary information and documents will prepare you for the next step.
What You’ll Need to Begin:
Basic Personal Information: Full names, addresses, and dates of birth for both spouses.
Financial Details: Income information, bank statements, tax returns, and debts.
Marriage Details: Date and place of marriage and any information about children, if applicable.
This preparatory phase is essential for ensuring your petition is accurate and complete.
Step 2: Filing the Petition for Dissolution of Marriage
Florida law requires the filing spouse, known as the petitioner, to file a Petition for Dissolution of Marriage with the circuit court in the county where they or their spouse resides. This document outlines your intent to divorce and may include requests for child custody, spousal support, or property division.
What to Expect During Filing:
- Court Filing Fee: The petition must be filed for an approximate $400 fee, though fee waivers may be available for low-income filers.
- Service of Process: After filing, the petition must be served to the other spouse (the respondent), typically through a process server or sheriff.
Timeline: Filing and serving the petition usually takes 1-2 weeks, depending on court processing times and how quickly the respondent is located.
Step 3: Responding to the Petition
Once served, the respondent has 20 days to file an official response. They may agree with the terms of the petition, propose changes, or contest specific aspects. If the respondent contests the petition, the case becomes more complex and may require mediation or court hearings.
Key Points to Consider:
- If the respondent does not reply within the allotted time, the court may grant a default judgment, allowing the divorce to proceed without their input.
- If disagreements arise, additional time may be needed for negotiation or mediation.
Timeline: Depending on the complexity of the issues, this phase can take a few weeks or several months.
Step 4: Discovery and Negotiation
The discovery phase involves exchanging financial documents, child-related information, and other critical data. This ensures transparency and helps both parties reach informed decisions about property division, custody, and support.
Discovery Tools Include:
- Interrogatories (written questions)
- Requests for documents
- Depositions (sworn statements)
After discovery, many couples resolve disputes through negotiation or mediation. Florida courts often require mediation before allowing cases to proceed to trial.
Timeline: Discovery and mediation can take 2-6 months, depending on the cooperation of both parties.
Step 5: Finalizing the Divorce
If all issues are resolved, a final judgment of dissolution of marriage is issued. In an uncontested divorce, this may occur without a hearing. However, contested divorces may require a trial, during which the judge makes final decisions on unresolved matters.
Common Outcomes Decided by the Court:
- Division of marital property and debts
- Parenting plans and time-sharing arrangements
- Child and spousal support
How Long Does the Entire Process Take?
The length of a divorce in Florida varies based on several factors:
- Uncontested divorces can be completed in 3-6 months.
- Contested divorces may take 9-18 months, mainly if significant disagreements exist.
Every case is unique, and factors such as the court’s schedule, the cooperation of both parties and the complexity of financial or custody issues can impact the timeline.
How Orlando Family Team Can Help
Divorce can be emotional and complex, but having the right legal team by your side can make all the difference. At Orlando Family Team, we offer personalized guidance to ensure you understand your rights and options at every stage of your divorce. From the initial filing to finalizing your case, we handle all the legal details, helping to avoid unnecessary delays and complications.
Whether your divorce is uncontested or involves disputes over custody, support, or property division, we are here to protect your interests. Our attorneys have extensive experience in negotiation, mediation, and courtroom advocacy, enabling us to tailor our approach to meet the unique needs of your case.
With Orlando Family Team, you’ll have peace of mind knowing that your divorce is in capable hands. Let us help you take the first step toward a brighter future—contact us today to schedule a consultation.
