Getting a Divorce Overview, What to Expect During the Divorce Process

1. Getting a Divorce Overview, What to Expect During the Divorce Process Getting a divorce or, as it is called in most states, a dissolution of marriage is definitely a process. It is important to understand that each state has its particular set of guidelines, which will be found in the state’s Statutes. A state- licensed Family Law attorney will also have all the information pertinent to your state. However, just to give you an idea of how one state handles the process of divorce, this article will take an overview look at what to expect during the divorce process in Florida. First, you will need to decide if you want and can qualify to seek a divorce without the representation of an attorney. Then you will need to decide if you will want an uncontested or contested divorce. To seek an uncontested or simple divorce, you must have no minor children from the union, have no joint real property, and agree on ALL issues pertaining to the final settlement. Additionally, an in-depth financial disclosure by each party will be required. It is wise to at least seek the advice of a legal professional before making the decision on how to proceed. Should you choose or need to file a contested divorce, your attorney will proceed with the process. A petition for divorce will be filed by one party, and that petition served by the appropriate authority to the other party. The party receiving the petition will have 20 days to reply. Following a reply, a date for mediation will be established as most jurisdictions in Florida require mediation before a court date for a divorce hearing can be set. In truth, successful mediation is the best way to obtain a divorce. First and foremost, the couple can decide for themselves how their future beyond divorce will be affected. Alimony, equitable distribution of marital assets and liabilities, child support, and shared parenting, including timesharing, is worked out. A judge will look over the resulting marital agreement before making an order, but there is usually no change needed. Florida is an equitable distribution state, not an equal distribution state, so if the case goes to court, a judge will decide who gets what, including family pets. Family Court is always backed up, so getting your case heard by a judge can take several months. Once both parties have signed the marital agreement reached during mediation and the judge has looked it over, the judge will issue an order, and the divorce is final. This will take a few weeks, not months. The cost of mediation is split equally by the couple. There will be attorney fees, but only until the order is signed and documented. The cost of taking a case all the way to court is many times more than settling during mediation.

2. While the transcript of mediation is taken, that transcript is not a public record and so cannot be viewed by anyone without the party’s permission. Courtroom transcripts, however, are public information and can be viewed by anyone. The bottom line in what to expect in a divorce will depend on how a couple decides to proceed with the case. Mediation will bring a relatively quick and inexpensive result while going to court will entail a great deal of time, money, and extra-legal maneuvers such as interrogatories, orders to comply, numerous motions, depositions, and the hiring of expert witnesses.