What You Can Expect During the Divorce Process

What You Can Expect During the Divorce Process

Posted By R. Gregory Colvin LLC || 28-Aug-2018

If you are filing for a divorce in Florida, you might not know what to expect out of the process or where to begin. One of the first steps you should take before you begin is to seek skilled legal counsel to ensure that you do not make any unnecessary mistakes. Remember, a lot is at stake here, so the last thing you want to do is start your new future on the wrong note. That said, it is still a good idea to understand the steps involved in a divorce, which is why we are providing a brief overview of the process.

Dissolving Your Marriage

First, to divorce in the state of Florida, you or your spouse must have been a resident of the state for at least six months prior to filing for divorce.

Once you meet the residency requirements, there are a number of paths your divorce can take, depending on the details of your circumstances. Below are some of the different situations you might face as you move forward with your divorce:

  • A simplified dissolution: This type of divorce is, as the name suggests, simpler, quicker, and easier. Spouses can use this simplified procedure only if they are able to meet the following requirements:
  1. At least one spouse meets the residency requirements
  2. Both spouses agree that the marriage is not salvageable
  3. There are no minor or dependent children
  4. The wife is not pregnant
  5. Neither spouse is seeking spousal support
  6. Both spouses filed financial affidavits or agree that they do not need them
  7. Both spouses agreed on a division of their assets and debts
  8. Both spouses agree to the simplified procedure and give up the right to a trial and appeal

Additionally, both spouses are responsible for filing all necessary documents and must appear together in court before a judge in order to officially finalize their divorce.

  • A regular dissolution: Oftentimes, a regular dissolution of marriage is necessary. During this process, one spouse would file a form that is titled “Petition for Dissolution of Marriage” with the court. The other spouse must then prepare a response to the petition and file it with the court as well. At this stage, a divorce can take a few different paths:
  1. If you and your spouse are able to reach an agreement on all the issues presented by their divorce, including division of property, alimony, custody, and child support, you can sign a settlement agreement. This would be considered an uncontested divorce.
  1. If you and your spouse disagree on a few issues, a judge might recommend that you attend mediation, which would allow you to negotiate with the assistance of a neutral third party. Through mediation, you and your spouse will be able to avoid having to go to court to reach a settlement agreement, which will also allow you and your spouse the chance to make mutually agreeable decisions rather than leaving it up to a judge.
  1. If you and your spouse are simply unable to reach an agreement, even with the assistance of a mediator, you and your spouse will have to go through litigation where a judge will make decisions on all contest issues. In some cases, it is possible that you and your spouse might have made some progress and agreed on some issues during mediation, but could not settle on others. In such cases, the agreed upon issues would not need to be rehashed during divorce litigation.

Experienced Divorce Attorney in Orlando

If you and your spouse are going through a divorce, you need to hire skilled legal representation to help you navigate what can often become a relatively complex process. At R. Gregory Colvin, LLC, our Orlando divorce attorney has more than 25 years of legal experience and a proven track record of success. Let our team help you resolve your family law legal matters.

Get started on your case today and give us a call at (407) 603-3460 to request your free initial case evaluation.

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