How can I start the divorce process in Florida?
Vanessa Tuttle
Florida managing attorney at Marble Law
Key Takeaways
- The divorce process in Florida begins with filing a petition.
- What happens after that depends on the nature of your divorce.
Grounds for divorce according to the TX family court system
The journey of divorce begins with a formal step: filing a petition with the court. This petition outlines the intention to dissolve the marriage and sets the stage for what unfolds next.
However, the path forward differs depending on whether your divorce is uncontested or contested.
Uncontested Divorce
If you and your spouse are in agreement on all aspects of the divorce, including child custody (if applicable), division of assets and debts, and spousal support (if any), you're on the path of an uncontested divorce.
This is generally a faster and less expensive route. After filing the initial petition, which details the marriage information, grounds for divorce (which, in Florida will always be irreconcilable differences), and residency requirements, you'll likely move on to a process known as discovery.
In discovery, both parties disclose financial information through documents like bank statements, tax returns, and asset valuations. This transparency allows for a fair division of marital property and debts.
Once this exchange is complete, you and your spouse can finalize a marital settlement agreement, a document outlining the agreed-upon terms of the divorce. This agreement covers child custody arrangements, visitation schedules, child support calculations (if applicable), spousal support details (if applicable), and the division of assets and liabilities.
With the settlement agreement in hand, your attorney will typically draft a final judgment document, which incorporates the terms of your agreement. This document is then submitted to the court for review by a judge. If everything is in order, the judge will finalize the divorce, and you'll both receive a certified copy of the judgment, marking the official end of your marriage.
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Contested Divorce
If you and your spouse cannot reach an agreement on any of the above aspects of the divorce, your divorce is known as a contested divorce. Contested divorce almost always requires a more involved legal process. After filing the initial petition, you'll enter the discovery phase, just like in an uncontested divorce.
However, in a contested case, this phase is crucial for gathering evidence to support your desired outcome in the areas of disagreement. This might involve depositions (formal interviews under oath), subpoenas to compel the production of relevant documents or testimony from third parties, and appraisals of marital assets.
Once discovery is complete, your attorney will attempt to negotiate a settlement agreement with your spouse's attorney. This can be a lengthy process involving mediation or collaborative law practices to try and reach a compromise outside of the courtroom.
If negotiations fail, the case will proceed to trial. Here, both parties present their arguments and evidence to a judge, who will then issue a final ruling on all contested issues, including child custody, child support, spousal support, and division of property. This decision becomes the basis for the final divorce decree.
Regardless of whether your divorce is uncontested or contested, consulting with an experienced family law attorney can be very helpful. They can guide you through the legal intricacies of the process, ensure your rights are protected, and represent your best interests throughout the proceedings.
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